If you are questioned as a witness or suspect, you can exercise your right to remain silent until your criminal attorney arrives at any time. This is true even if you have already answered some questions about the crime.nIt may not be easy for some individuals to assert their rights in the presence of law enforcement, but it is important. The Fifth Amendment of the United State Constitution protects citizens against self-incrimination. The right to retain an attorney and obtain counsel after charges are filed derives from the Sixth Amendment.