Miranda rights are there to protect you. While many people have some idea of what they are about, due to seeing them used in fictional shows about law enforcement, a thorough understanding of these essential rights can be helpful.
Here are two things you need to know about how Miranda rights work:
1. The police need to inform you of them
If the police want to question you after arresting you or while holding you in custody, they must first recite the list of Miranda rights to you. If they fail to do this, it could jeopardize their ability to use any evidence they gain from the questioning.
You have the right to remain silent, and anything you say can and will be used against you in a court of law. You have the right to an attorney, and one will be provided if you cannot afford one. They should also ask if you understand what they have just told you. Those are the essential reminders of your rights required under the “Miranda” ruling.
2. You need to invoke your right to remain silent
Once the police tell you all this, and you reply that you understand, they can begin to fire questions at you. What’s more, they can start pushing you to answer those questions by applying various psychological techniques. Some officers are so practiced at applying these techniques and tricks that they can even get people to admit to crimes they did not commit.
However aware you are of police tactics, it is far safer to halt the questions altogether. Telling the police that you wish to exercise your right to remain silent, or some other clear variation of this, is highly recommended. Once you proactively invoke your rights this way, the police must stop questioning you until your attorney is present.
This is not to say you won’t ever answer questions. When you get your attorney, you can reconsider your position.
Knowing these two things about your Miranda rights can significantly increase the odds of a favorable outcome if you should ever find yourself facing criminal charges in Michigan.