How Miranda Rights Protect You
Miranda Rights were established to protect citizens if and when they are arrested. Flashback to the last time you watched a show about cops, right before the handcuffs go on their wrists the police officer is reading the suspect their rights. This is not just for TV. The police officer or officers have to read you your rights when placing you under arrest. This procedure stems from a court case in 1966, Miranda v. Arizona. Hence, why they are called your Miranda rights. These rights are an addition to the fifth amendment which states you have the right to say nothing to avoid self-incrimination.
When Are You Advised of Your Rights?
A police officer must read you your rights when you are being interrogated in custody. The term interrogation can include anything the police officer would do that could lead the suspect to incriminate themselves. Also, custody means when the suspect can’t or believes they are not free to leave.
The Silent Killer
It is important to note, that only when you have been read your Miranda rights can your silence not be used against you. Police can ask you questions before reading your Miranda rights, and your being silent on a certain question can imply guilt which can be used against you in court. In any of the following situations your silence can be used against you:
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not in police custody
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voluntarily submitting to questioning
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not expressing Fifth Amendment rights
In order to prevent a situation where your silence can be used against you, you need to explicitly tell you’re interrogator you are invoking the right against self-incrimination. Therefore, you are clearly demonstrating your right to the Fifth Amendment. Make sure this has been clearly stated, because just being quiet or saying nothing at all is not invoking your right to avoid self incrimination.
What You Need To Do?
All scenarios are different and there is no cookie cutter answer. It helps to have an attorney with over 25+ years fighting for you. Tell us about your case on our contact page.
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The police will direct you to put your hands behind your back. They will handcuff you, read you the Miranda Warning, and search your person for weapons and contraband. At this point, you should tell the police officer, “I want to speak with a lawyer, and I do not want to answer any questions”. From here, keep your mouth shut regarding anything related to your activities, whereabouts, actions, items in your possession, reasons/excuses, or anything else.