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How can you invoke your Miranda rights?

On Behalf of Fitzgerald Law | Aug 26, 2025 | Criminal Defense

Being questioned by police officers is a stressful situation, but it should be handled carefully. One way that people can protect their interests is to invoke their Miranda rights. These rights include the right to remain silent and to speak to an attorney, both of which are rooted in the United States Constitution. 

It’s a good idea to understand how to invoke these rights, just in case you ever find yourself in an interaction with police officers. 

Always be clear

You can’t assume that your rights will be respected. Instead, you have to clearly invoke your Miranda rights. This means that you should say something that doesn’t leave room for misinterpretation. Some examples include:

  • I choose to remain silent
  • I invoke my Miranda rights
  • I want to speak to my attorney

Once you invoke your rights, the police officers can’t continue questioning. This includes calling in new people to question you. Additionally, you can’t make any statements because your invocation is all-encompassing. Instead, it all must stop. 

If they don’t cease questioning, anything that you say may be able to be suppressed in the case against you. This would mean that it can’t be used against you because it was obtained using unlawful methods.  

If you are facing any kind of criminal charge, it is important to consider every defense strategy option that’s possible, including any elements of rights violations. These cases can often be challenging and complex. Because of this, it’s critical to work with someone familiar with these matters so they can review the circumstances to assist you with determining the best defense strategy for your needs. 

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