People who are being detained by the police need to remember that they have rights. These include ones that are set by the Bill of Rights in the United States Constitution. Police officers must tell these individuals about specific rights, which are also known as Miranda rights.
One of the core Miranda rights is that you don’t have to incriminate yourself, so you have the right to remain silent. In order to use that protection, you have to invoke that right.
How do you invoke your right to remain silent?
Invoking the right to remain silent requires that you clearly state your intent. This means that you must say something like:
- I want to speak to my lawyer before making any statements.
- I wish to remain silent.
- I choose not to say anything else.
Once you invoke your right to remain silent, you must follow the invocation. You shouldn’t make any more statements or answer any other questions. The police officers must ensure that they stop questioning you. The invocation applies to all law enforcement officials, so the ones who are there when you invoke your right can’t just call someone else in to resume questioning.
If police officers don’t comply with reading you your Miranda rights or fail to comply if you invoke them, that information may play a role in your defense strategy. It may be beneficial to work with someone who’s familiar with this aspect of criminal law so you can ensure your rights are being respected.