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Matthew Radefeld & Dan Juengel
Matthew A. Radefeld and Daniel A. Juengel

What should you know about invoking your Miranda rights?

On Behalf of | Apr 17, 2024 | Criminal Law |

You’ve probably heard law enforcement officers in movies and on true crime shows telling people they have the right to remain silent. This is a fundamental right that’s built into the Fifth Amendment of the United States Constitution. 

The Fifth Amendment protects people from having to incriminate themselves when dealing with law enforcement officers. To uphold that right, you’ll have to clearly invoke your Miranda rights. 

Invoking your Miranda rights

Invoking your Miranda rights requires a very clear statement that doesn’t leave any doubt about your intention. Examples of what you can say include:

  • I wish to remain silent.
  • I’m invoking my Miranda rights.
  • I want to speak to my attorney before I speak to law enforcement.
  • I won’t answer any questions or make any statements.

Once you invoke your Miranda rights, you must be quiet. You can’t pick and choose what questions you answer. Instead, stick to simply stating that you invoke your rights. You should speak to your attorney before re-engaging with police officers.  

Blanket protection after invocation

Invoking your Miranda rights offers a blanket of protection for you. The invocation applies to all law enforcement officers, not just the ones who were present when you invoked your rights. This means they can’t call in new officers to resume questioning. 

If you invoke your rights and police officers continue to push for you to make statements or answer questions, you may be able to use that information in your defense strategy. Working with someone familiar with these matters may help you to determine how to proceed.