“You have the right to remain silent, anything you say can and will be held against you”. 

If you've watched any crime related television show, this line is familiar. It is often used to further the plot along, allowing the character to either call in the fiery attorney or incriminate themselves. However, there is more to it than just staying quiet. 

People often believe that every time you interact with a police officer, you have the “right” to remain silent. It is also believed that  every time you're arrested, police are required to advise you of your Miranda warnings – “you have the right to remain silent, anything you say can and will be held against you…” 

But the truth is that Miranda warnings are not required unless law enforcement is going to ask you questions about the case.

In most instances, the arresting officers are not going to ask you questions until you're brought back to the station – and even then they may not need to.

Miranda warnings are this: You have the right to remain silent and anything you say can be used against you; You have the right to an attorney; If you cannot afford an attorney one will be appointed for you; and, If you decide to answer questions, you may stop answering questions at any time. 

Law enforcement is still allowed to ask you booking questions, such as your name, address, or date of birth. These booking questions do not inquire about the possible offenses you may be facing. 

However, if you are questioned about the case itself after arrest and you have not been advised of your Miranda warnings, those statements can be suppressed so that they cannot be used in any legal proceedings. 

So what should you say? Ultimately, the best advice is to only answer booking questions as you have the absolute right to remain silent. You should exercise that right unless you have counsel who advises you otherwise. If you discuss the case or charges without legal counsel, you may think you're helping yourself, but you are only helping law enforcement put together their case against you.