Should you use your Miranda rights?

Griffin Law, PLLC
Sep 30, 2022

If you ever find yourself in a situation where the police arrest you and wish to interrogate you, they will read you your Miranda rights.

It is important to understand what these rights are and whether or not you should rely on them.

What are Miranda rights?

According to Miranda Warning, most people know about Miranda rights but few utilize them properly. Miranda rights protect your right to silence in order to avoid making self-incriminating statements. It also protects your right to an attorney, whether or not you can afford one. If you cannot, the state provides you one so you still have representation in court.

As for whether or not you should use these rights, the answer is usually yes. You may falsely believe due to popular misconception that only “guilty people” use the right to remain silent.

The importance of using Miranda rights

However, Miranda rights protect everyone, whether or not they are guilty or innocent. It is a tool provided to keep you from saying or doing anything that may be a mistake. It is often difficult for people to tell if they have said something incriminating due to the complexities of the legal system, so it is better to be guided through the process by someone who knows what they are doing.

Thus, when provided with the Miranda warning, you should make it very clear that you are in fact invoking your rights. Once you make this clear, be sure to stay silent, as speaking after the fact can nullify your rights and may be used against you.

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