The United States Constitution provides people in this country with very specific rights. Some of these are found in the first 10 amendments, which are known as the Bill of Rights. Within those amendments are the right to avoid self-incrimination and the right to have legal representation if you’re facing criminal charges.
A case that went before the United States Supreme Court, Miranda v. Arizona, ended with a ruling that anyone who’s being interrogated while in police custody has to be told their rights by law enforcement. These are known as Miranda rights.
Miranda rights must be invoked
You have to invoke your Miranda rights to use their protections. This means that you need to tell police officers that you want to remain silent in a way that can be clearly understood.
Once you invoke your rights, you don’t have to speak to police officers about anything. Instead, you need to consult with your attorney so they can help you protect yourself from self-incrimination when you’re questioned again. The invocation of your rights applies to all law enforcement officers. Those questioning you can’t just call in new officers to resume questioning.
If police officers don’t read the Miranda rights when they’re required or if they don’t abide by your invocation of them, you may be able to use that information as part of your defense strategy. Determining if this is possible may require the assistance of someone familiar with these cases.