Many people struggle to understand their legal rights while dealing with law enforcement, but they may know about their Miranda rights. Television shows and movies frequently dramatize the recitation of the Miranda warning. They depict police officers telling people about their rights as they put them in handcuffs or shove them in the back of a police cruiser.
The Miranda warning involves an officer providing a person in state custody with information about their basic rights. Those rights include the right to legal representation, even if the person does not have money to pay a lawyer, and the right to remain silent.
Anyone subject to questioning after an arrest should receive formal notice from police officers about their Miranda rights. How can people make use of those critical rights after an arrest?
By asking to talk to an attorney
People do not have to wait for officers to provide the Miranda warning to ask for legal support. People interacting with police officers can request an opportunity to communicate with an attorney for support while navigating the situation.
People who ask to speak with a lawyer can evaluate their situation and avoid mistakes that could impact their defense options later. An attorney’s presence can be invaluable during questioning.
By verbally invoking the intent to remain silent
Making use of the right to remain silent is somewhat counterintuitive. Simply refusing to speak does not clearly convey to law enforcement professionals that an individual wants to use their right to remain silent.
Instead, they have to verbally inform the officers of their intention to make use of that right. After declaring the intent to remain silent, they should not have to endure any pressure to force them to speak.
Miranda rights extended to those in state custody are among the most important protections for people dealing with police officers and at risk of criminal prosecution. The use of Miranda rights can help people avoid issues that could complicate their criminal cases.
Violations of people’s Miranda rights might influence the best criminal defense strategy to employ. Discussing one’s charges and any potential Miranda violations with a lawyer could help people avoid unfair prosecution and criminal convictions.