Invoking Your Miranda Rights

Invoking Your Miranda Rights

We’ve all seen movies and television shows in which police officers make arrests and inform the arrestees that they have the right to remain silent and the right to an attorney, among other things. These rights are collectively referred to as your “Miranda rights,” and they are required by law following the case of Miranda v. Arizona to preserve your rights under the 5th Amendment. 

When you hear these rights, you might wonder whether you should invoke them. Will refusing to answer questions or “lawyering up” make you appear more guilty to authorities? The answer is yes, you should invoke your Miranda rights, and no, it cannot be used to prove guilt if a criminal case follows. 

If you are arrested, it is important to invoke your Miranda rights and seek help from a Montgomery criminal defense attorney immediately. 

Why Invoking Your Rights is Important

You have Miranda rights for an important reason, and it is beneficial to your situation to take advantage of them. Police officers have many tactics they use to try to get suspects to say incriminating things - even if someone is not guilty of the suspected offense. You might think that by telling the truth, you can help your case and receive leniency or be released. However, officers are sincere when they say that “anything you say can and will be used against you.”

Even if officers promise to release you if you cooperate and answer their questions, you should remain silent until you have legal representation present. The police often make false promises, and they are not on your side in this situation. Before you answer any questions, you need a defense advocate assisting you. 

How to Invoke Your Rights

First, always recognize that no time limits apply to the invocation of your Miranda rights. You might do so immediately after they are read to you. However, if you start to answer questions and then realize it is likely not a wise idea without an attorney, you can invoke your Miranda rights at a later time. Once you do, police should stop questioning you, or if they don’t, anything you say after invocation should not be admissible in court. 

Many people assume that if they want to remain silent, they should simply not say anything, but this is generally not sufficient to invoke your Miranda rights. In recent years, the Supreme Court has ruled against defendants in various cases who simply remained silent and did not explicitly invoke their rights. Instead, you should state clearly that you wish to invoke your 5th Amendment rights and then contact our office for help. 

Speak with a Montgomery Criminal Defense Lawyer Right Away

If you invoke your Miranda rights, you should immediately reach out to the Law Office of Richard F. Matthews, Jr, Attorney at Law. We can be present during further police questioning, as well as work to keep out inadmissible statements you might have made after invoking your rights. Contact us or call 334-398-8408 to learn about the many ways we can protect your rights.