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How do Miranda rights really work?

On Behalf of | Dec 20, 2022 | Criminal Defense |

Shows and movies involving police officers often give a nod to the Miranda warning, especially in regard to a person’s right to remain silent.

However, these shows do not often go into detail about what this warning does, or what rights it actually protects.

Getting legal representation

As Miranda Warning states, your Miranda rights serve as crucial protection against police interrogation. They serve as a way to keep people from accidentally self-incriminating when discussing matters of potential crimes with police.

Your Miranda rights protect two primary rights: your right to legal representation and your right to remain silent.

Regarding legal representation, it goes without saying that an attorney will know how to handle criminal situations better than most average citizens. Thus, it benefits anyone facing interrogation to have the aid of someone who knows what they are doing.

Not everyone can afford personal representation, though. If you invoke your Miranda rights, the state must provide you with legal representation if you cannot afford it yourself.

Your right to remain silent

As far as your right to remain silent, this simply means that you do not have to say anything in response to a police interrogation.

Know that this does not stop police from attempting to interrogate you. In addition, if you invoke your Miranda rights and then still talk to law enforcement anyway, they can use what you say against you in a court of law.

Thus, it is best to remain silent until you have legal representation who will know how to talk properly through an interrogative situation.