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How can you invoke your Miranda rights?

On Behalf of | Apr 20, 2022 | Criminal Defense

You may have heard police officers telling a person they’re taking into custody that they have very specific rights, including the right to remain silent and to consult with an attorney. It’s up to the person being placed in custody to invoke the rights that they have. 

When you invoke your rights, you must do so in a clear manner. Simply remaining quiet isn’t going to let the officers know that you’re invoking your rights. Saying something like, “I’m invoking my Miranda rights” or “I’m remaining silent” are sufficient ways to do this. 

Why should you invoke those rights?

You should invoke your Miranda rights because the police officers can continue to question you until you do. Once you invoke your rights, they can’t question you more. This is a blanket ban, so they can’t just call in new officers to question you. 

Another point to remember is that even if you choose to speak to the police, you can invoke your rights at any point. It doesn’t matter if you’ve answered questions for 10 minutes or 10 hours, you can choose to tell them that you’re not going to say anything else because you invoke your Miranda rights.

Anyone who’s having interactions with the authorities should ensure they’re protecting their rights. It’s usually best to invoke your Miranda rights so you have time to consult with your representation. If you’re charged with a crime, you’ll need to determine what type of defense strategy you want to use. Make sure you do all of this quickly so you aren’t stuck trying to use a rushed defense plan.