Interacting with police officers when you’re being detained and interrogated can be a stressful experience. It’s critical for you to remember that you have very specific rights in these situations. In 1966, the United States Supreme Court found that it’s so important for people to know that the Constitution protects them that anyone who’s in custody or being interrogated must be reminded of very specific rights.
The underlying purpose of Miranda rights is to prevent self-incrimination and to preserve the fairness of the criminal justice process. Understanding what these rights entail and how to invoke them may help you to protect yourself if you’re in police custody.
What are the Miranda rights?
The Miranda rights are multifaceted. You have the right to not answer questions or make statements. You have the right to speak to a legal representative before you make any statements or provide any answers to questions. Because everyone has these rights, people who can’t afford to pay an attorney may be provided with the services of a public defender.
While it’s mandatory for police officers to remind you of these rights under certain circumstances, you have to invoke them before you can benefit from their protection. Once the rights are read, you may be asked if you want to waive these rights. By waiving these rights, you’re agreeing that you don’t want the benefit of these protections.
How can you invoke your Miranda rights?
You must clearly state that you want to invoke your Miranda rights. This means making a firm statement, such as, “I wish to remain silent” or “I want to speak to my attorney.” Once you invoke your Miranda rights, police officers aren’t allowed to continue questioning you until you have counsel present. They must accept that you’ve invoked your rights.
Violations of Miranda rights can become part of an individual’s defense strategy because the statements made after the invocation of these rights can’t be used in a case against those who have been accused of wrongdoing. If you’re facing a criminal charge and believe your rights were violated, working with a legal representative may help you to use this violation of your rights to your advantage.
