Know How to Invoke Your Miranda Rights After an Arrest

 Posted on April 18, 2024 in Criminal Defense

Police officers must read Miranda Rights to anybody they plan on detaining for questioning following an arrest. Although law enforcement is required to inform you that you have the right to remain silent and to contact an attorney, they will likely not inform you of how to take advantage of these rights.

If you want to ensure that your rights are protected, you need to speak with our Chicago criminal defense attorney. With over a decade of criminal defense experience, he is ready to assist you following an arrest for a federal or state-level crime.

What are Miranda Rights?

Miranda Rights are constitutional rights that must be read to every person following an arrest if the police are planning to hold you in custodial interrogation. A person is considered to be in custodial interrogation if he or she is in the presence of law enforcement (i.e., at the police station) and is not free to go.

Miranda rights stipulate the following:

1. You have the right to remain silent

2. Any testimony or statements you provide can be used to incriminate you

3. You have the right to an attorney

4. If you cannot afford an attorney, the court will provide one at no cost to you

Where Do Miranda Rights Come From?

Prior to 1966, a person placed under arrest was not read their rights. However, the U.S. Supreme Court case of Miranda v. Arizona changed the protocol for criminal defendants. In Miranda, police officers interrogated the defendant (Ernesto Miranda) for two hours, after which he agreed to sign a written confession. Both a verbal and written confession were admitted at trial, and Miranda was found guilty.

Miranda appealed to the Supreme Court of Arizona, which affirmed the trial court’s decision. The U.S. Supreme Court granted a writ of certiorari, reversing the judgment of the lower court. The Supreme Court ruled that a defendant must be made aware of his constitutional rights before providing testimony, thereby ruling that Ernesto Miranda’s confession should not have been admitted into evidence.

How to Invoke Your Miranda Rights

If you do wish to invoke your Miranda rights, you must reply to the officer indicating that you wish to invoke your rights. A police officer will not interpret silence as invoking your Constitutional rights since there could be a language barrier that prevents you from understanding what was said.

Instead, an appropriate response would be “I wish to invoke my right to remain silent,” or “I want to speak with my attorney before answering any questions,” or a phrase similar to that effect.

Benefits of Hiring a Criminal Defense Attorney

Being brought into custody can be alarming. You probably do not understand the gravity of the charges brought against you. That is why you need a Cook County criminal defense attorney who can help you navigate the criminal justice system.

Our attorney will provide effective legal representation for your case and advise you on what defenses may be available to you. He understands that you are under extreme stress during this time; that is why he is here to provide you with security during a time of chaos.

Contact a Chicago, IL Criminal Defense Attorney Today

If you are facing criminal charges, you need the help of a Cook County, IL criminal defense attorney. Our attorney has helped numerous clients avoid jail time, and he is ready to advocate on your behalf. To schedule your complimentary consultation please contact the Law Offices of James F. DiQuattro online or by calling 312-627-9482.