People in the United States have specific rights, some of which are established by the United States Constitution. One of these rights is the right to avoid incriminating themselves in a criminal matter, which is rooted in the Fifth Amendment.
The Miranda rights are named after a case that went before the United States Supreme Court in 1966. In Miranda v. Arizona, the Supreme Court found that if police want to interrogate someone, they have to let that person know of their rights.
What are the Miranda rights?
The Miranda rights include the right to remain silent and the right to have an attorney present when you’re being questioned by police officers. Once police officers tell you about your Miranda rights, it’s up to you to invoke them. In order to invoke them, you must clearly state that you wish to remain silent or that you want your attorney present. This must be done in an unambiguous manner.
Some people worry that invoking their Miranda rights might make it seem like they’re guilty. Because invoking the Miranda rights is a constitutional right, that’s not the case. It’s also important to note that once you invoke your Miranda rights, they apply universally to all police officers, so they can’t call in new ones to start questioning you again.
If police officers don’t tell you your Miranda rights when they’re required to, any statements that you make can’t be used against you by the prosecution. If you invoke your rights and they continue to question you, it may be possible to have the statements suppressed. Working with someone familiar with these matters may be beneficial since they can be critical defense strategy components.