Anyone who’s being interrogated while they’re in police custody must be read their Miranda rights. These are often heard in movies and true crime shows, so most people are familiar with the concept. Understanding a few things about these rights is critical just in case a person finds themselves in police custody.
Miranda rights are based on the United States Constitution. They include the right to remain silent to avoid self-incrimination and the right to have an attorney to represent the person during a criminal matter.
Are Miranda rights automatic?
Having to be read the Miranda rights is automatic, but the person must invoke their rights if they want to exercise them. This must be done in a clear manner that can’t be misconstrued. Three examples of statements that adequately invoke the Miranda rights include:
- I chose to remain silent until I speak to my attorney.
- I want to exercise my Miranda rights.
- I invoke my right to remain silent and my right to have a lawyer.
Once a person invokes their Miranda rights, all questioning must cease immediately. The invocation applies to the officers who are currently with the person, as well as any other police officers.
If a person isn’t read their Miranda rights or if police officers ignore a clear invocation of those rights, the statements the person makes may be inadmissible in court. It’s critical for anyone in this position to discuss their case with their legal representative to determine if it should be part of the defense strategy.
