You never know when you will be placed in police custody and interrogated. This is possible, even if you’re a law-abiding citizen. You must know your rights if this happens. Police officers should tell you about these, but you will have to ensure you invoke them.
The rights police officers read to you are known as your Miranda rights. This name comes from a case that went before the United States Supreme Court, Miranda v. Arizona. This case set the precedent that police officers must tell people who are being interrogated while in police custody that they have the right to remain silent and the right to have an attorney.
Why are the Miranda rights important?
The Miranda rights are important because they prevent you from making statements that incriminate yourself. The key is that you have to invoke them and stick to the invocation. This means that you remain silent.
To invoke your rights, you have to clearly state your wishes. This can be something as simple as, “I wish to remain silent,” or “I want to speak to my attorney.” Simply remaining quiet isn’t considered an invocation of your rights.
Once you invoke your rights, police officers must respect that invocation. They can’t continue questioning you, even if they call new police officers. If they continue to push for you to speak to them, anything you say might be suppressed, which means it can’t be used against you in court.
It’s imperative that you work with someone who can help you set up your defense strategy if you end up facing criminal charges. Getting this process in motion early may prevent you from having to use a rushed defense.