In today’s blog post, our Henderson criminal defense lawyer will cover the Miranda rights and how to properly invoke your right to silence an attorney.
So, what are Miranda Rights and what do they do?
You’ve probably heard them all before on any crime drama involving police. Once a suspect is caught, the officer says, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney…”
Miranda rights allow the defendant/suspect to stay silent when targeted by police for questioning. Miranda rights require law enforcement officers to inform arrested suspects of their rights:
- Right to stay silent
- Right to consult a criminal defense lawyer
- Right to have a lawyer present during questioning
- Right to free representation of a lawyer if one cannot be afforded
One of the misconceptions our criminal defense lawyers in Henderson come across is the notion that staying silent automatically invokes your right to silence. It’s confusing, but staying silent doesn’t necessarily mean you’re invoking your rights to silence. Because of this misconception, law enforcement officers interrogating unknowing suspects can sometimes point to a suspect’s silence as an evidence of guilt.
In order to invoke your Miranda rights, rule of thumb is that you should explicitly state that your silence is not admittance of guilt, but that you’re invoking your Miranda rights. Miranda rights were created in order to protect suspects; however, some law enforcement officers have found ways around Miranda Rights in order to get suspects to unknowingly harm their case. One technique some officers may use is by questioning suspects after letting them know that they aren’t under arrest and are free to leave. It’s a psychological tactic used in order to lower the suspect’s guard. Since this is typically stated within the interrogation room, suspects are still slightly pressured to stay and answer questions due to feeling intimidated.
Whether you’ve been criminally charged or have been arrested for something else entirely and want to invoke your Miranda rights, remember to explicitly state that you choose to stay silent and invoke your Miranda rights. Don’t make the faulty assumption that staying silent means you’ve invoked your rights.
The best defense when you’re criminally charged is to request for a criminal defense lawyer to help inform you of your rights and protect your interests. If you’ve been charged in Henderson contact us as soon as possible. Our criminal defense attorneys are licensed to practice law in all Nevada State and Federal Courts. With our extensive trial and negotiation experience, we’ll be able to walk you through your case and inform you of what you should and shouldn’t say.