Can an attorney invoke your right to silence on your behalf?

An attorney cannot invoke your right to silence on your behalf without your consent. The right to remain silent is a fundamental aspect of legal rights during an investigation or interrogation, typically governed by the Fifth Amendment in the United States. This right is personal and must be exercised by the individual. While an attorney can advise you on when to exercise your right to silence and inform you of the implications, the actual invocation must come from you.

An attorney's role is to guide and protect your rights rather than to act independently in your name without your directive. If a client chooses to speak, their attorney cannot unilaterally opt for silence on their behalf—it is ultimately the client's choice to assert that right. Thus, the understanding that the right to silence is an individual decision is key in upholding personal liberties and ensuring that one's legal rights are fully protected during interactions with law enforcement.