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What does it mean to invoke your Miranda rights?

On Behalf of | Jan 20, 2025 | Criminal Defense

Remaining silent is one of the fundamental rights people have when they’re being detained by police officers. This is rooted in the United States Constitution and was upheld by a decision put before the United States Supreme Court in Miranda v. Arizona. 

Anyone who’s in police custody should be read their Miranda rights by a police officer. In order for the individual to exercise those rights, they must invoke them. 

How do you invoke your rights?

Invoking your Miranda rights must be done clearly and in a way that can’t be misconstrued. This can be done by making statements, such as:

  • I invoke my Fifth Amendment rights.
  • I want to remain silent.
  • I need to speak to my attorney before I speak to the police.

Once you invoke your Miranda rights, you should remain silent. This means that you can’t pick and choose what questions to answer. If you don’t invoke your Miranda rights or if you continue to speak after you invoke them, you should remember that any statements you make can be used in a court case against you. 

After the invocation, police officers must respect the invocation. Your rights apply across the board, which means that officers can’t call in new people to continue the interrogation. If they violate your rights, that can be used as part of your defense strategy. Working with someone who’s familiar with this area of law may be beneficial as you work to get your defense set.