If you are under investigation or have been arrested, it is important to invoke your constitutional rights immediately. Invoke your 5th Amendment Right to Remain Silent and your 6th Amendment Right to Counsel by clearly stating “I am invoking my 5th Amendment Right to Remain Silent and I want to speak with my Attorney immediately.” Thereafter, do not speak. If you are then arrested, law enforcement approached you with sufficient evidence to arrest you and were hopeful that you would further incriminate yourself. If you are released, then law enforcement likely had insufficient evidence to arrest you and were hopeful you would make a statement that could be interpreted as an admission. Invoking your rights is the first step in your own defense.