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Waiving verses invoking your Miranda rights

On Behalf of | Jul 15, 2016 | Criminal Defense

Most people know that they have the right to remain silent and the right to have an attorney when they are dealing with law enforcement officers. The Miranda rights are ones that the person should be informed of, but the person must opt to invoke that right if he or she doesn’t wish to speak to police officers.

It is important for anyone who wishes to invoke their Miranda rights to know that he or she must do so in a way that can’t be misconstrued. You also have the right to waive those rights if you want to do so.

If you opt to waive your Miranda rights, you will have to do so either by saying that you waive your rights or by signing a waiver. You should make sure that you fully understand what this means. If you waive your Miranda rights, you can’t go back later and claim that your rights were violated because you didn’t have an attorney present or that you were forced to speak.

It is also possible for you to imply that you waive your rights. You can do this by your actions once your Miranda rights are read to you. If you continue to speak to police officers and don’t say that you want an attorney, it can be said that you implied that you waived your rights.

Every decision you make when you are dealing with law enforcement officers can have an impact on the defense options that you will have if you end up facing charges. Understanding the repercussions of your decisions can often help to shape your defense strategy.

Source: FindLaw, “Waiving Miranda Rights,” accessed July 15, 2016


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