If you’ve ever watched a police thriller or true crime show, you probably heard someone being told, “You have the right to remain silent.” These words are part of your Miranda rights, which are legal protections that are backed by the Fifth and Sixth Amendments of the United States Constitution. They’re named after a case that went before the Supreme Court in 1966.
All adults in this country should ensure they understand their Miranda rights, when they apply and how to invoke them.
What are the Miranda rights?
There are two basic rights contained in the Miranda rights. One of these is the right to remain silent. The other is the right to speak to an attorney and have one present when you’re being questioned by police.
When do Miranda rights apply?
Miranda rights must be read to you when you’re in police custody and before you’re questioned. Statements made may be inadmissible in court if your rights aren’t read to you. However, these rights don’t apply to voluntary statements you make before being arrested or to general questions asked during a routine traffic stop.
You must clearly invoke your right to remain silent. This means telling the officers that you want to remain silent and consult an attorney. Once you do this, you can’t say anything else to the police and they can’t call in new officers to start questioning you again.
Why should you know your rights?
Knowing your Miranda rights empowers you to protect yourself if you’re ever in a legal situation. If your rights aren’t respected, you may be able to use that information as part of your defense. Working with someone who can help build a defense strategy may be beneficial for anyone facing criminal charges.