When a person is interacting with police officers, there are certain times when they will have specific constitutional protections. One of these is the Miranda rights, which are present during custodial interrogations.
A custodial interrogation happens when a person is in police custody and is being asked questions that may end up with an incriminating response. Some people misunderstand what this means.
What does it mean to be in custody?
Being in custody doesn’t necessarily mean being locked in a jail cell. It occurs any time a reasonable person wouldn’t feel free to leave. This can include being questioned in the back of a police car. It may also happen during a prolonged roadside stop. In cases like those, police officers must read you your Miranda rights or any statement you make may be excluded from evidence.
What happens if your rights aren’t respected?
If you’re in a custodial interrogation and police officers read you your Miranda rights, you have the ability to invoke those rights or waive them. Invoking them means that you are choosing to remain silent and taking the time to speak to your legal representative before answering questions. Waiving those rights means that you don’t feel the need to be silent, and you don’t feel the need to speak to a legal representative.
Invoking your rights involves making a simple statement that can’t be misconstrued. This can include simply telling the officers that you choose to remain silent. If they continue to question you after you invoke your Miranda rights, the information that they gather may be thrown out in a case against you.
Violations of your Miranda rights during a custodial interrogation can become central points in a defense strategy. Working with someone who understands these matters may be beneficial, so they can assist you with determining how to proceed.