Most people realize that they have the right to remain silent even if they have never been involved in a criminal situation, but do you know what it really means and when it can be used? Everyone that lives in the United States should have a clear understanding of the importance of this basic right. This right is one of the many constitutional rights you have in the criminal process.
If you have been arrested, you must immediately invoke your right to remain silent, which means that all police questioning must stop. If you continue to be questioned by the police after you’ve clearly invoked your right to stay silent, it’s a violation of your Miranda rights. If your Miranda rights are not invoked, any subsequent statements you make may not be used against you in court. However, you must have specifically stated that you are invoking your right to silence.
Miranda Rights are named for the landmark U.S. Supreme Court case Miranda v. Arizona. Used in the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence. In other words, those in custody have a right to refuse to answer questions or provide information to law enforcement or other officials.