An individual’s Miranda rights are a critical form of protection during encounters with law enforcement professionals. If police officers intend to question someone who is in state custody, they typically need to advise that person of their Miranda rights.
People have the right to legal representation during interactions with law enforcement professionals. They also have the right to remain silent. Frequently, individuals who want to make use of their Miranda rights make mistakes that may undermine their legal protection. Understanding what many people get wrong about their Miranda rights can help defendants avoid a common mistake.
Silence isn’t the way to invoke the right to remain silent
Many people are already aware that their Miranda rights include the right to legal representation and the right to remain silent. Frequently, people in state custody may believe they have asserted their right to remain silent because they refuse to answer questions asked by police officers.
However, silence in response to questioning is not the same as actually invoking the right to remain silent. People in police custody generally need to advise police officers that they want to make use of their right to remain silent.
After verbally invoking their right to remain silent, they should not have to worry about continued questioning or attempts to trick them into making contradictory statements that implicate them. Without actually invoking the right to remain silent, people in state custody are potentially at risk of officers continuing to question them and documenting their behavior as evidence to use in a trial.
Those who make use of their right to remain silent are less likely to say and do things that hurt their case if they go to trial. Discussing the behavior of police officers with a criminal defense attorney can help those who want to fight back and avoid convictions.