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What should you know about your Miranda rights?

On Behalf of | May 12, 2024 | Criminal Defense

The Bill of Rights, which includes the first 10 amendments of the Constitution, includes some specific rights concerning those who are interacting with police officers. There are times when police officers must tell people about certain rights that are contained in the Bill of Rights. This notification is known as reading them their Miranda rights.

The Miranda rights are set in place to avoid self-incrimination. If you’re interacting with police officers and they read you your Miranda rights, there are a few specific concerns that you’ll need to pay particular attention to.

What are your Miranda rights?

The Miranda rights include your right to remain silent so you don’t say anything that can be used in a court case against you. They also include your right to an attorney so you have someone familiar with the criminal justice system who can help you to protect your rights.

How should you invoke your Miranda rights?

It’s critical that you invoke your Miranda rights clearly. While police officers must notify you of the rights, they don’t go into effect until you invoke them. You have to do this in a way that doesn’t leave any room for misinterpretation. This can include saying something like, “I wish to remain silent” or “I choose to invoke my Miranda rights.”

What happens after you invoke your rights?

Once you invoke your rights, police officers have to stop all questioning. This is a unilateral invocation, which means they can’t just call in new officers to resume the questioning. It’s equally important for you to know that you can’t pick and choose what to answer. After you invoke your rights, you shouldn’t say anything else until after you speak to your attorney.

It’s critical that you work with someone who understands the charges against you and can help you to build a defense strategy against them. If a violation of your rights was a factor in your case, it may become an integral part of your defense strategy.