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Should you invoke your Miranda rights?

Most people have heard of Miranda rights due to shows or movies related to police. This is, after all, the famous “right to remain silent.”

But what do you really know about these rights? What do they protect? And if push comes to shove, should you rely on it?

The importance of Miranda rights

According to Miranda Warning, your Miranda rights are important. The rights protected include your right to remain silent in order to avoid self-incrimination, as well as your right to legal representation even if you cannot afford it. If you cannot, the state will assign a representative to you.

An officer should read you your Miranda rights any time you face interrogation or arrest. They cannot legally proceed with questioning until they have verbal confirmation from you that you understand what you give up if you choose to proceed with questions anyway.

Whether to waive or invoke them

In most cases, you should use your Miranda rights. Regardless of whether you are guilty of the crime you face charges of, you should know that anyone can self-incriminate by accident. In order to avoid making yourself look bad or giving police an even stronger reason to suspect you, you should let your legal representation do the talking for you.

Thus, you should not only invoke your Miranda rights, but you should then actually remain silent after doing so. If you invoke your rights but still speak anyway, what you say can end up being used against you in court. As officers sometimes bank on this happening, you should be sure not to give them something to work with.


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