The Miranda rights, also known as Miranda warnings, are a set of rights that must be provided to suspects in police custody before they are interrogated. These rights are derived from the U.S. Supreme Court case, Miranda v. Arizona.
By invoking your Miranda rights, you are exercising your constitutional right to remain silent, as guaranteed by the Fifth Amendment. This helps prevent self-incrimination or providing information that may be used against you in court.
Why should you invoke your rights?
Invoking your right to an attorney ensures that you have professional legal advice before answering any questions. Even if you believe you are innocent, answering questions without an attorney present may lead to unintentional misinterpretation or misrepresentation of facts.
How do you invoke your Miranda rights?
Clearly state that you wish to exercise your right to remain silent. You can say something like, “I choose to remain silent” or “I am invoking my right to remain silent.” Simply remaining silent isn’t enough to invoke your rights or to provide you with this important legal protection.
If officers continue to ask questions, simply repeat that you are exercising your right to remain silent and want an attorney. The invocation of your rights is universal, so officers can’t call in people from another shift or department to have them resume questioning.
Remember that you can invoke your Miranda rights at any time, even if you initially agreed to answer questions. It’s important to know and understand your rights to protect yourself during interactions with law enforcement. These points can play a major role in your defense strategy.