Miranda warnings only apply when a person is in police custody and is being questioned by the police. Anything you say to an investigator or police officer before you are taken into custody can be used against you in criminal proceedings. This includes at the scene or police station when you are free to leave. There are exceptions to this rule, such as vehicle traffic stops. Although you are not free to leave during a traffic stop, the Courts have held that you are not in custody; therefore, whatever you say may be used against you. Additionally, if you are in custody but are not being questioned, whatever you say can be used against you.

In order to invoke your right to remain silent you must actually state you want to remain silent. It seems counter-intuitive that a right to say nothing requires you to say you want to remain silent. In addition, even if you invoke the right to remain silent, the police can later ask you if you want to talk to them. If you choose to, you may then waive the right to remain silent. Law enforcement will likely then be able to use your statements against you in court.

In order to invoke your right to an attorney you must affirmatively state you want an attorney. If you say “I might want to speak to…” or “I think I should speak to…” that may not be enough and in some cases police may not even acknowledge you said it. Instead, you should state, “I want to speak to an attorney.” This will invoke the right and police must stop questioning you until after you speak to an attorney. Unlike the right to remain silent, the police may not later approach you and ask if you want to talk until after you have spoken to an attorney.

If you did waive your Miranda rights after you were arrested you may invoke them at any time by stating that you want an attorney and/or you want to remain silent as described above.

Miranda rights can be a complex doctrine that. In certain circumstances, even if evidence is suppressed by the court because of a Miranda violation, the evidence may still be used for certain purposes.

If you, or you know of anyone, who has been arrested contact Steve Bowling Law at (512) 827-2946 for a free consultation and visit www.SteveBowling.com for additional Legal Articles.