Anyone who has watched a movie with an arrest in it has probably heard the officer read the Miranda rights to the person they’re arresting. These are formally known as the Miranda rights and they’re a critical part of the criminal justice system.
Many individuals don’t realize that they need to invoke those rights in order for them to be enacted. It’s bets to make it clear that you’re invoking your rights. Simply being silent might not be the most effective way to do this. Instead, clearly state that you’re invoking your Miranda rights -- for instance, that you won’t answer questions about an alleged weapons offense until you speak to your lawyer.
Why should you invoke your Miranda rights?
Once you invoke your Miranda rights, the questioning has to stop. This is the opportunity that you need so you can discuss your case with your attorney, allowing you to learn your options and how you should address the questions you’re being asked.
Your Miranda rights prohibit you from being questioned at all, even if the police officers bring in someone new to handle the questioning. The purpose of the Miranda rights is to ensure that suspects in crimes don’t make statements under duress. It’s a way to keep the criminal justice system from placing innocent people behind bars simply because the person was scared or forced into making an admission of guilt.
Anyone who’s charged with a crime should ensure their rights are being respected. When a law enforcement officer or prosecutor fails to do this, it can play an important role in your defense strategy. Starting to work on your defense as early in the process as possible so you have time to consider all your options.