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Should you rely on your Miranda rights?

On Behalf of | Oct 12, 2022 | Criminal Defense |

Most people only have a shallow understanding of their Miranda rights. After all, a large majority expect that they will never have to invoke them or waive them.

But on the off chance that a person ends up arrested or in an interrogation with officers, it would be of great benefit to understand what these rights are and whether or not to rely on them.

What do Miranda rights protect?

As Miranda Warning states, a person’s Miranda rights are crucial. However, not many people understand what they are in the first place.

Most people know about the right to remain silent, which is a common line in police drama shows and movies. However, this is not the entirety of the Miranda warning, nor does it cover all of a person’s rights.

The right to remain silent is specifically in order for a person to avoid making self-incriminating statements. Then, a person facing interrogation also has the right to legal representation even if they cannot afford it. A person who cannot afford their own legal representation will get assigned one by the state.

Officers must ensure that a person knows and understands these rights before verbally invoking or waiving them. Many people may choose to waive these rights and speak with police anyway, especially if they are innocent of the accused crime.

Should you use these rights?

However, it may benefit anyone to invoke their rights instead. This is because legal representatives know how to speak properly in these situations and will do a better job at avoiding making incriminating remarks than even an innocent person on their own.