Most people have heard Miranda rights being read to people who are being taken into police custody. Even if only on TV. These rights include being able to remain silent and consult with an attorney before questioning resumes.
Some people may believe that these rights are automatically applied when a person is interacting with police officers, but that’s not the case. Instead, Miranda rights are only read if a person is in police custody and are only applied if the person invokes their rights. Because of this, it’s critical that you understand how to invoke your Miranda rights in case you’re ever in police custody.
Invocations must be clear
The invocation of Miranda rights must be clear and unambiguous. Simple statements, such as the following, are examples of what you can say to invoke your rights:
- I choose to remain silent.
- I want to speak to my attorney before speaking.
- I invoke my Miranda rights.
Once you invoke these rights, all questioning must cease. The invocation applies to the officers who are currently questioning you, as well as any others who come in.
You also can’t pick and choose what questions to answer. You should remain completely silent once you invoke your right to remain silent.
Police officers have to comply with a Miranda rights invocation. If they opt to ignore it, your statements may not be used against you in court. This can become a significant point in your defense strategy, so it’s best to discuss these matters with someone who can help you determine how to proceed.