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What are your Miranda rights?

On Behalf of | Sep 30, 2022 | Criminal Defense

Most people know about their Miranda rights thanks to television and movies. However, this is a fictional and overblown portrayal of Miranda rights and is not always accurate.

Many people do not know what their Miranda rights actually are, or what it means to forfeit them.

Understanding Miranda rights

According to Miranda Warning, Miranda rights are something everyone should receive before a police interrogation. Miranda rights protect a person’s ability to remain silent to avoid self-incrimination, as well as their right to an attorney even if they cannot afford one.

The crucial point of importance is that the officer needs to be certain that the person in question understands their rights as represented by the Miranda warning, and that they understand what they give up by deciding to speak with officers anyway.

Unfortunately, some officers may attempt to downplay the fact that speaking with them is forsaking the Miranda rights. Many people also feel that “only guilty people” invoke their Miranda rights, but this is far from the truth.

Why you should use your rights

In reality, dealing with police interrogation is a tricky thing. Even in situations where a person is fully innocent, they may still want to speak only with the aid of an attorney, who understands the ins and outs of these cases and can help their innocent client avoid self-incriminating statements.

For this reason, no one should give up their Miranda rights by speaking with police, and should know to clearly invoke their rights and then remain silent after invoking them to avoid saying anything incriminating.