The United States Supreme Court recently ruled that unless a Defendant expressly exercises his Fifth Amendment Rights, saying, “I plead the Fifth” or something to that effect, that a prosecutor can comment on a Defendant’s silence at trial.
If you are questioned by the police and not in custody it is necessary now to verbally state you do not wish to answer any questions and invoke the Fifth Amendment, otherwise even your silence may hurt you.
If you are in custody then the police must advise you of your Fifth Amendment Right to remain silent. Before custody the police have no such burden.
Be aware of your rights and don’t be afraid to exercise them.
For a detailed write up on the new case see: