Defending Your Rights. Protecting Your Future.

Want to invoke your Miranda rights? Do so clearly

On Behalf of | Oct 3, 2022 | Felony and Federal Crimes

Most people know that they have specific rights when they’re dealing with law enforcement officers. These are outlined in the Miranda warning that police must read to people who are being taken into custody. These rights are based on the Fifth Amendment of the United States Constitution. 

Once your Miranda rights have been read to you, you must ensure that you clearly invoke those rights. You shouldn’t ever assume that the police officers know you want to exercise those rights by simply remaining silent. Pay close attention to what you’re signing if the police officers ask you to sign a document stating you understand your rights, and do not sign if you don’t understand.

How should you invoke your Miranda rights?

You should use clear wording to let the officers know that you’re invoking your rights. You can do this by saying something like, “I invoke my Miranda rights” or “I choose to remain silent.” You can also state that you want to talk to your attorney. The clearer you are when you invoke them, the better. 

What happens when you invoke those rights?

Once you invoke your Miranda rights, the police can’t continue to question you. This includes the police who are there when you invoke them, but it also includes all others. This means they can’t just send in new officers to continue the interrogation. Instead, they have to allow you time to consult with your attorney.

Law enforcement officers must uphold your rights. Violations of those rights could be important components in a defense strategy. Working closely with someone familiar with these matters is important because you need to know exactly what you can do.