Though many people are familiar with the overarching concept of Miranda rights, the vast majority do not know the details about these rights, or how they function in reality.
To know one’s Miranda rights well can make the difference between proceeding with caution or self-incriminating.
What are your Miranda rights?
Miranda Warning discusses Miranda rights in detail. These rights stem from the Fifth and Sixth Amendments, and they include the right to remain silent, the right to an attorney, and the right to have this attorney present when facing a police interrogation.
Some evidence or testimony might get kept out of trial in the event that Miranda rights were not read correctly – or at all – to an individual, or if they did not waive their rights properly.
Clearly invoking your rights
A suspect must clearly voice their rights to receive the protection that Miranda rights offer. This usually involves signing something or verbalizing a statement invoking one’s Miranda rights.
If this does not happen, the arresting officer might assume that this means a suspect voluntarily waived their rights. Implied waivers may also occur if a suspect hears their Miranda rights and continues making self-incriminating remarks.
The waiver also applies to people who hold their silence for some time, and then suddenly break their silence. In order to avoid ambiguity, it is important for the individual in question to clearly invoke their Miranda rights and leave nothing up for debate.
People can invoke their rights at any time, too. This means a person can invoke their Miranda rights at any point in the arrest or interrogation.