Dallas, April 11, 2021 (GLOBE NEWSWIRE) – When a person is taken into police custody, the law requires the police to notify them of their rights under the Fifth Amendment to the U.S. Constitution. These rights are also known as Miranda rights based on a Supreme Court case called Miranda v Arizona.
Miranda Rights give you the right to have a lawyer present during police questioning, as well as the right to refuse to answer police questions so that you do not make incriminating statements that could violate a prosecution.
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As can be expected, Miranda rights are extremely important. Because of this, the police must tell you about your rights every time they take you into custody. If someone is taken into custody without knowing their Fifth Amendment rights, they could say things that a prosecutor could use against them in a later trial in court.
However, you can also waive your Miranda rights. What you may not realize is that it is possible to explicitly waive your rights by indicating that you are waiving them and that you can also waive them implicitly. In some cases, a person may fail to realize that they are implicitly waiving their rights. This is why it is so important to have a lawyer with you if you have been taken into police custody.
Expressly waive your Miranda rights
If you tell the police that you are waiving your Miranda rights, it means that you are expressly or specifically doing so. You can do this by simply saying out loud that you do not want to enforce your rights, and you can also opt out by signing a written statement stating that you agree to waive your rights. This means that when the police question you, you choose not to have a lawyer present and that you know your testimony could be used against you later.
Implicitly waive your Miranda rights
It is also possible for someone to implicitly waive their Miranda rights. This may also be referred to as an implicit waiver of rights. In this case, the person does not say out loud, “I waive my rights,” nor do they sign a statement confirming that they have waived their Miranda rights.
Instead, the person acts in such a way that he or she waives his or her rights. You don’t have to verbally state that you want to waive your rights.
For example, the police can arrest someone and take them into custody. Suppose the police tell the person their Miranda rights and recite everything accurately and correctly. After hearing their rights, the person sits down with the police and begins to discuss the incident that led to their arrest. They answer all the officers’ questions and provide information about the alleged crime.
This is an implicit waiver of your Miranda rights. They may not have stated directly that they are waiving their rights, but their behavior in speaking to the police and answering questions means they are choosing not to have a lawyer present.
In some cases the question arises whether the detainee is really giving up their rights. There can be gray areas in which it is not entirely clear whether they are implicitly waiving their rights. For example, in a case called Berghuis v. Thompkins, the Supreme Court ruled that a person implicitly waived their Miranda rights when they sat mostly still during a three-hour police interrogation and only said “yes” when the police asked for forgiveness prayed for a crime to be committed.
In this case, the Supreme Court ruled that a person who remains largely silent during an interrogation constitutes an implicit waiver of Miranda rights and that someone must make a clear statement that they are invoking their rights. If they fail to do so, the police can ask questions on the assumption that the person is implicitly giving up their rights.
Can you withdraw an implicit waiver of Miranda rights?
Even if you say directly that you are giving up your Miranda rights or implicitly giving up your rights through your behavior when dealing with the police in police custody, you can stop and claim that you are asserting your Miranda rights. In this case, the police may still be able to use statements you made before you asserted your rights. For this reason, it is important to work with a criminal defense attorney as soon as possible if you have been taken into police custody or charged with a crime.
Discuss your case with a criminal defense lawyer
If you have been questioned or arrested by the police, it is important to protect your rights. Speak to a seasoned Texas criminal defense attorney at Broden Mickelsen as soon as possible so that you don’t endanger your future or your freedom by making a statement that could later be used against you.
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