People who are in police custody should be told their specific rights governing the interaction. These are known as Miranda rights because of a case that went before the United States Supreme Court in 1966. That case set the standard that police officers must tell people in custody about their constitutional rights to have counsel and to avoid self-incrimination.
If you ever find yourself in police custody as the subject of an interrogation, you should remember that you have the right to remain silent. You may have to give the police your identifying information, but what information you’re required to provide is limited.
Invoking your right to remain silent
In order to invoke your right to remain silent, you must clearly state your intent. This can’t be done in an ambiguous manner. Instead, you need to make a statement, such as, “I choose to remain silent until I speak to my attorney.” You can’t leave any question about invoking your right to remain silent.
After you invoke your rights
Once you invoke your rights, questioning can’t continue. This includes the police officers who are with you when you invoke them, as well as any others. The officers can’t just call in new officers to continue the interrogation.
Regardless of what criminal charge you’re facing, you should get started on your defense strategy. Working with someone who’s familiar with cases similar to yours may be beneficial so they can walk you through what’s going to happen from here.
