Anyone who’s being questioned in police custody should be reminded of their rights. These are known as the Miranda rights, which are named because of the case Miranda v. Arizona, which went before the Supreme Court and set specific requirements for reading individuals their rights.
The right to remain silent during a police interrogation is one of the fundamental rights that’s at the center of the Miranda rights. This is done to protect the individual from self-incrimination.
Another right that’s included is the right to legal representation. This is provided to ensure that the individual understands the options they have for their case. It’s another way to prevent self-incrimination that may occur if the person opts to make a statement prior to consulting with an attorney.
Miranda rights aren’t invoked automatically
Miranda rights protections don’t automatically go into effect. Instead, the individual has to invoke their rights. This must be done in a concise and clear manner. It’s not enough to simply remain silent. Some examples of invoking the Miranda rights include:
- I invoke my right to remain silent
- I want to remain silent
- I wish to speak to my attorney
Once the Miranda rights are invoked, they must be respected. Invoking your right to remain silent means you can’t make any statements to police officers, and they must stop all questioning. The officers can’t call in new individuals to resume questioning.
Anyone who’s facing criminal charges should understand how violations of their rights can impact their defense strategy options. It may be beneficial to work with someone familiar with these matters so they can learn their options and determine how to proceed.