The Miranda rights are a common name used for specific rights that are covered in the United States Constitution. The name is because of a case that went before the United States Supreme Court in which a decision was made regarding the obligation of law enforcement to tell people who are under custodial interrogation their rights.
One of the most important things for you to remember if you’re interacting with police officers is that you can either waive or invoke your Miranda rights. The choice you make plays a direct role in what happens after.
Waiving your Miranda rights
When you waive your Miranda rights, you’re letting the police officers know that you want to talk to them and that you don’t want to speak to a lawyer before you speak to the police. This allows prosecutors the chance to use the statements you make in a case against you. You may be asked to sign a waiver of your rights, but waiving your rights typically isn’t the best option.
Invoking your Miranda rights
If you don’t want to speak to the police until after you’ve had a chance to speak to your attorney, you should invoke your Miranda rights. You must do this clearly and in a way that can’t be mistaken for a waiver. Once you say something like “I choose to invoke my Miranda rights,” all questioning by law enforcement officers has to stop.
Your Miranda rights can have a primary role in your defense strategy. Having someone on your side who can determine how to handle your strategy is critical, so getting started quickly is important to minimize the risk of a rushed defense.