Being interrogated by police officers might be a stressful experience, particularly if you’re in custody. Once they place you in custody and decide to interview you, they must read you your Miranda rights. These are constitutional rights that can’t be infringed upon without serious consequences.
The Miranda rights include the right to remain silent and the right to have legal representation. In order for these rights to apply, you must invoke your rights.
How do you invoke your Miranda rights?
Invoking your Miranda rights must be done very clearly. You can’t leave any question about your intention. The statement doesn’t have to be intricate. Instead, something as simple as “I choose to invoke my rights” is sufficient.
What happens after you invoke your rights?
Once you invoke your Miranda rights, all questioning has to stop. This includes all police officers, including ones who aren’t there when you invoke your rights. You can’t pick and choose what questions to answer. Instead, you should remain silent.
What happens if police don’t respect your invocation?
If police officers continue to press for you to answer questions after you invoke your rights, any information they obtain might be able to be thrown out. This means that it wouldn’t be able to be used against you.
Violations of your rights are often complex matters in a criminal case. It may be best to work with someone who’s familiar with your circumstances so they can help you to determine how to set up your defense strategy so it reflects what you feel is in your best interests.
