When people think about constitutional rights in a criminal case, most jump straight to “the right

to remain silent” or “the right to an attorney.”

Both are critical.

But neither exists without something more fundamental:

Freedom of Speech.

Freedom of Speech isn’t just about protests, opinions, or social media. In the criminal justice

system, it’s the foundation of choice—the choice to speak, explain, defend yourself… or not say

a single word.

And that choice can change everything.

Freedom of Speech Is About Control

Freedom of Speech gives you control over:

• what you say,

• when you say it,

• how you say it,

• and whether you say anything at all.

Once words leave your mouth, they can’t be taken back. In a criminal case, those words can:

• become police reports,

• be quoted in affidavits,

• appear in charging documents,

• and be played back in court months—or years—later.

That’s why Freedom of Speech isn’t just a right.

It’s a responsibility.

Why This Matters More Than You Think

Many criminal cases don’t start with evidence.

They start with:

• a conversation,

• a “quick explanation,”

• a moment of nervous talking,

• or a belief that honesty will clear things up.

What most people don’t realize is this:

Police don’t need your confession to use your words against you.

They only need your statements to be “inconsistent,” “incriminating,” or “helpful.”

Even innocent people talk themselves into criminal charges every day.

Speaking Is Optional—Silence Is Strategic

Freedom of Speech includes something most people forget:

You are free not to speak.

That silence is not disrespect.

It is not guilt.

It is not obstruction.

It is a constitutional right—and one of the most powerful tools you have.

In fact, experienced criminal defense attorneys know this truth well:

The strongest cases for the defense often begin with the client saying very little before

counsel is involved.

The Problem With “Just Explaining Yourself”

People talk because:

• they want to be cooperative,

• they want to clear their name,

• they believe the truth will protect them.

But police are trained listeners.

They are trained note-takers.

And they are trained to build cases—not friendships.

Your explanation may feel complete to you.

But it will be summarized, edited, and filtered through someone else’s report.

And that version may not sound anything like what you intended.

Freedom of Speech Is the Door. Silence Is the Lock.

Freedom of Speech opens the door to expression.

But in a criminal case, silence locks the door until your attorney is present.

That’s not fear.

That’s wisdom.

That’s strategy.

That’s how rights are meant to work.

What Comes Next

In the next post, we’ll talk about what criminal defense attorneys jokingly—but seriously—call a

superpower:

The Power of Your Shut Up

Because sometimes, the smartest thing you can say is nothing at all.

Need Help Now?

If you or someone you love is being questioned, investigated, or charged:

• Do not guess.

• Do not explain.

• Do not try to talk your way out of it.

Contact a criminal defense attorney immediately.

Your words matter—especially the ones you choose not to say.