#ABKLaw BLOG by Michael Jaccarino: The Innocent Should Remain Silent Most convicted criminals know not to talk to the police. Generally, the first time they were arrested, they confessed, were prosecuted, and went to jail. They won’t make that mistake again.It is the innocent people who do not know, or utilize, their right to remain silent, which is granted to everyone by the 5th Amendment of the US Constitution. It is precisely those who are innocent, who think that they have done nothing wrong, who should not say a thing! Why? To start, there are thousands of people sitting in prison cells right now who have been falsely convicted. Unfortunately, many times, their conviction stemmed in part from their own statements or admissions to the police.