The United States Constitution provides very specific protections for individuals in this country, many of which have been upheld and clarified by the United States Supreme Court. Some of these rights have to do with people who are in custody by police officers and are being questioned.
A person who’s taken into custody by police officers must be advised of their Miranda rights. These are a specific set of rights outlined in Miranda v. Arizona, a case that went before the U.S. Supreme Court. This is where the term “Miranda rights” comes from.
What are the Miranda rights?
The Miranda rights include the right to remain silent and the right to speak to an attorney before you’re questioned. This is meant to offer protection from self-incrimination, which is rooted in the Constitution.
Do Miranda rights apply automatically?
In order to have the protection of the Miranda rights, you have to clearly invoke them. This means making a statement that’s unambiguous, such as “I wish to remain silent” or “I want to speak to my attorney.” The key is to be as clear as possible about the invocation.
Once you invoke your Miranda rights, police officers must stop questioning you. It applies to all officers, not only the ones there when you invoke the rights. You must stop speaking to them after you do this because you can’t pick and choose what to answer.
Violations of your Miranda rights can play a central role in your defense strategy. Taking the time to evaluate what happened and determine if this should be included can be complex. It may be beneficial to work with someone familiar with these matters so they can provide you with guidance about how to proceed.
