Many people have heard individuals being read their Miranda rights when they’re being interrogated by police officers in true crime shows and movies. That’s a critical aspect of these interactions with police officers because the statements in those warnings are a reminder of specific Constitutional rights, including the right to remain silent and the right to have an attorney.
Once those rights are read to a person, that individual has to decide if they’re going to waive those rights or invoke them. Waiving them means that the person is willing to speak to the police without having to have their legal representative present. Invoking those rights means the person is choosing to remain silent until they speak to their attorney.
How can someone invoke their Miranda rights?
Invoking Miranda rights must be done in a clear manner that can’t be misconstrued. Some examples of what a person might say include:
- I choose to remain silent until I speak to my attorney.
- I want to speak to my lawyer before I answer questions.
- I invoke my Miranda rights.
Once a person invokes their Miranda rights, they shouldn’t say anything else to the police. This includes officers who come in after the invocation.
If the invocation of the Miranda rights isn’t respected by police officers, any statements made can’t be used in a case against the individual. That information can be a critical part of a defense strategy. Working with someone familiar with this area of the law may be beneficial while seeking to get the strategy set.
