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Why should people in custody invoke their Miranda rights?

On Behalf of | Jan 16, 2025 | Criminal Defense

People who are in police custody have specific rights that they should know so they can invoke them. Some of these rights are specifically mentioned in the Miranda rights, which were established by the United States Supreme Court in the case of Arizona versus Miranda. 

The Miranda rights are rooted in the United States Constitution. Because of the Supreme Court ruling, police officers must relay these rights to anyone they have in custody. Once they do that, the person in custody must invoke their rights if they wish to exercise them.

What’s included in the Miranda rights?

The Miranda rights are meant to protect the person’s right to avoid self-incrimination. These rights include the right to remain silent and the right to have an attorney present during questioning. If the person doesn’t invoke their rights, any statements they make can be part of the case against them.

How does someone invoke their rights?

In order to invoke their rights, the person must clearly state that they want to remain silent. This must be done in a way that doesn’t leave any room for misinterpretation. Some examples include:

  • I wish to remain silent.
  • I want to speak to my attorney.
  • I invoke my Miranda rights.

Other statements can also make the invocation clear, so the individuals must carefully consider the wording to ensure it relays their wishes.

What happens after the invocation of Miranda rights?

Once a person invokes their Miranda rights, all questioning must stop. This applies to all police officers, including ones who are present at the invocation and others who might be called in later. 

Violations of laws related to Miranda rights can become important points in a defense strategy. Working with someone who’s familiar with this aspect of law may help defendants determine how to use the information. 

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