Your Miranda rights are fundamental components of the criminal justice system. These must be read to people who are being detained or interrogated by police officers. They include two important components – the right to remain silent and the right to have an attorney.
It’s important to note that these rights aren’t automatic. Instead, you have to invoke them in a clear manner.
How can you invoke your Miranda rights?
In order to invoke your Miranda rights, you have to state your intent in a way that doesn’t leave room for misinterpretation. This can include saying things like:
- I invoke my Miranda rights.
- I choose to remain silent.
- I want to consult my attorney before speaking.
The clearer the invocation, the better. There shouldn’t be any doubt about you wanting to remain silent until you have a chance to speak to your attorney.
What happens when you invoke your rights?
Once you invoke your Miranda rights, you should stop speaking to police. This means you don’t answer any more questions or make any statements. It’s important to note that police officers should stop questioning. This is universal, which means they can’t call in new officers to continue the interrogation. Instead, you must be provided the opportunity to consult with your attorney.
If your rights are violated, that information may become part of your defense strategy. You can discuss this fact with your legal representative so they can determine how to include it. Other components might also need to be included, so it’s best to get started with the planning as early in the process as possible.