Most people have seen the police read people their rights on television or in movies. This is actually based on a fundamental right in this country.
The Fifth Amendment of the United States Constitution gives people the right to avoid self-incrimination. The U.S. Supreme Court issued an opinion on a case that came before it. The result of that was the reading of Miranda rights.
What are your Miranda rights?
Your Miranda rights include the right to remain silent and the right to consult with an attorney before speaking to police officers and to have that attorney present when you do. The officers must inform people about these rights in certain circumstances, including before a person is interrogated.
Invoking your Miranda rights isn’t automatic. Instead, you have to clearly state that you want to invoke them or that you choose to remain silent. This is an all-encompassing statement that applies to all law enforcement officers. The police working a case can’t just call in a new team to question you if you invoke your rights.
One important note is that police can continue to question you if you remain silent without invoking your rights. It’s crucial for anyone who’s being interrogated to invoke these rights so they can learn what they should do to address the situation.
Your rights are important parts of the criminal justice process. When they’re violated, you may opt to include that information in your defense strategy. Taking the time to plan this means that you need to start working on it as early as possible. Consult with someone familiar with these cases so you can determine the best course of action for your situation.