If you’ve watched any true crime drama or movies, you’ve probably heard the police reading someone their rights. This usually starts off with relaying that the person has the right to remain silent. It continues with the right to have an attorney present.
The rights that are read to people before they’re interrogated in custody are provided by the Fifth Amendment of the Constitution. A legal case between the State of Arizona and a man with the last name of Miranda was brought before the United States Supreme Court, which is why they’re known as Miranda rights.
You must invoke your rights
Many people don’t know about these rights because they aren’t automatically invoked. Instead, you have to verbally invoke them. This means saying something like “I choose to remain silent” or “I invoke my Fifth Amendment rights.”
When you invoke your rights, police officers must immediately stop questioning. They can’t bring in a new officer to continue questioning you. You must stop answering questions once you invoke your rights. This gives you time to take care of your other right in the warning – to speak to your lawyer before answering any questions.
Your rights and your defense strategy
Your rights may play an important role in your defense strategy. Violations of your rights could mean that certain points of the prosecution’s case against you won’t be admissible if you go to trial.
Working closely with someone who can help you to determine how to set your defense strategy is beneficial. You should evaluate the possible defense strategy options to determine what you feel is the best option for your case.