People who are placed into police custody are sometimes questioned by the officers, but there’s a critical step that has to be taken care of before those questions start. Anyone who’s being subjected to a custodial interrogation must be read their Miranda rights.
The Miranda rights are rooted in the United States Constitution and required to be read before a custodial interrogation because of a United States Supreme Court opinion in Miranda v. Arizona in 1966. The rights afforded to someone in this position are very specific.
What are the Miranda rights?
The Miranda rights include the right to remain silent, which is meant to uphold the right of a person to avoid self-incrimination. They also include the right to speak to an attorney, which is critical because it gives the person a chance to consider various points about how they present the truth during the interrogation.
What should someone do if they’re read their Miranda rights?
Once Miranda rights are read to a person, the person can either waive or invoke those rights. Waiving Miranda rights means that the person doesn’t want to have those protections and will answer the questions. If this is done, any statements the person makes can be used against them in a criminal justice case.
Invoking them means that the person wants to exercise them, and this must be done in a very clear manner. Simple statements like, “I invoke my Miranda rights” or “I choose to remain silent” make it clear. If the Miranda rights are invoked, police officers must stop questioning immediately. If the officers push, statements that are made can’t be used in the criminal justice case against the person.
Anyone who’s facing criminal charges should explore all their defense strategy options. If the case includes Miranda rights violations, those may be part of this. Working with someone familiar with these matters may be beneficial for defendants.