How To Correctly Invoke Your Miranda Rights

How To Correctly Invoke Your Miranda Rights

You have to speak up to assert your right to remain silent.
You know that you have the right to remain silent in the face of questioning by law enforcement. You may not know, however, that you have to affirmatively assert this right, or you risk losing (or “waiving”) it. In other words, you must speak up and make known your choice to remain silent.

If you are questioned by the police, do the following:
• Tell the officers you do not want to talk to them.
• Ask if you are free to leave. If the answer is “yes,” then leave immediately and call an attorney as soon as possible.
• If you are not free to leave, then reassert your choice to remain silent and request an attorney. Say, “I do not want
to talk or answer questions. I want an attorney.”
• Be quiet! Say nothing else until you have conferred with a criminal defense attorney.

Many people are over-confident and think they can explain everything away when questioned by the police. This seldom, if ever, works. Instead, be firm and respectful in asserting your right to remain silent. If the officer thinks he has enough evidence, you are going to be arrested regardless of whether you answer his questions or not. Accordingly, assert yourself at the outset of the police encounter; do not wait to be arrested.

Future First Criminal Law Attorney Zachary Divelbiss
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