People who are being interrogated or detained by police officers should be read their Miranda rights. If you’re in this situation, you have the option of either invoking your Miranda rights or waiving them.
The Miranda rights include the right to remain silent and the right to consult with a lawyer before being questioned. These aren’t invoked automatically, so it’s critical to understand how to invoke them and what it means to invoke them.
How should you invoke your rights?
You must invoke your rights clearly so there’s no doubt about what you want. A few examples of what you can say include:
- I choose to remain silent
- I invoke my Miranda rights
- I want to speak to my attorney
It’s not enough to just remain silent because that leaves room for questions about your intent.
What should happen after you invoke your Miranda rights?
Once you invoke your Miranda rights, all questioning has to stop. The invocation applies to all officers, whether they’re there at the time you invoke your rights or not. Their department or division doesn’t matter either.
You have to remain silent once you invoke your rights. You can’t pick and choose what to answer. Remember, anything you say can be used in a court case against you, so don’t make any statements until you consult with your attorney.
Failing to read your Miranda rights to you or failing to stop questioning once you invoke them can be used as part of a defense strategy. It’s best to discuss your case with someone who can help you determine what defense strategy is suitable for your needs.