The United States Constitution contains protections that people in this country can count on. One of these is that they don’t have to incriminate themselves when interacting with police officers or others within the criminal justice system.
In 1967, a case, Miranda v. Arizona, went before the United States Supreme Court. The case centered around the responsibility of law enforcement to let people who were in custody and being interrogated about their rights before questioning them. This case ultimately led to what’s known as the Miranda rights today.
What are the Miranda rights?
The Miranda rights are very specific, and they are all rooted in the Constitution. They remind you that you have the ability to remain silent instead of having to answer questions or make statements. They also remind you that you have the right to legal representation.
What should you do if you’re read your Miranda rights?
You have two options if you’re read your Miranda rights. You can waive your rights and speak to police officers, or you can invoke your rights and remain silent. Waiving your rights means that you understand what’s at stake and still choose to speak to police officers. Invoking your rights means that you will not speak to police officers until you’ve had a chance to discuss your case with your legal representation.
If you opt to invoke your Miranda rights, all questioning must stop. Police officers can’t call in new colleagues to resume questioning. If they decide to question you once you invoke your rights, anything that you say could be suppressed in the case against you.
Miranda rights violations can become an important component in a criminal defense strategy. If you’re facing criminal charges, you should work with someone familiar with these matters to determine what options you have for a defense against them. Ideally, you’ll do this as early in the case as possible, so you have time to fully explore them and determine how you want to proceed.