When Can Miranda Rights Be Invoked?

 Posted on April 08, 2025 in Criminal Defense

In many movies and TV crime shows, police officers are shown reciting the Miranda rights to suspects, beginning with the phrase, "You have the right to remain silent." However, you may not fully understand when officers must inform you of those rights, what they mean to you, when you can invoke them, and what constraints invoking these rights places on officers.

If you are questioned as a crime suspect or have been arrested, you have the right to refuse to answer an officer’s questions. You also have the right to speak to your Joliet, IL criminal defense attorney. Call us right away so we can help you protect your rights.

What Are Miranda Rights?

In 1963, Ernesto Miranda was arrested on charges of kidnapping and rape in Arizona. Although he signed a confession, he was never told that he could speak to an attorney or that his statements could be used against him. Mr. Miranda was convicted and sentenced to prison. The Arizona Supreme Court upheld the conviction, but in 1966, the U.S. Supreme Court overturned it.

In the published majority opinion, the Court stated that a suspect must be informed of his or her rights granted by the Fifth and Sixth Amendments to the U.S. Constitution before being questioned. Unless the suspect waives those rights, any confession or statement he or she makes is inadmissible in court.

Commonly called the Miranda warning, informing a suspect of the right to remain silent, the right to speak with an attorney, that an attorney will be provided if necessary, and that anything said during questioning can and will be used as evidence against the suspect is now a required part of police procedures. However, it is important to understand the difference between being detained and being arrested and how this affects the Miranda warning.

What Is the Difference Between Detention and Arrest?

Police officers may question suspects about various things. For example, an officer may ask if you have been drinking if he pulls you over because he thinks you are driving under the influence. Although you are not free to leave, you have not yet been arrested. That is detention. The officer is not required to inform you of your Miranda rights.

If an officer believes you have committed a crime and arrests you, you are taken into custody and transported to a police station or jail. Before an officer can question you when you are under arrest, you must be informed of your Miranda rights.

When Can You Invoke Your Right to Remain Silent?

Anytime an officer questions you, whether you are being detained or are under arrest, all you need to say is your name. The Fifth Amendment gives you the right to refuse to answer questions. The officer may try to convince or coerce you into talking, but you can simply say you are invoking your right to remain silent.

Similarly, the Sixth Amendment gives you the right to have a lawyer present when you are being questioned. Again, state that you want to speak to an attorney. At that point, the questioning should stop.

You can invoke these rights at any time you are being questioned, even if you have already answered previous questions. When you call your lawyer, you will have the opportunity to speak with us before the questioning starts again. We will be there with you and can advise you or answer on your behalf.

Contact Our Knowledgeable Morris, IL Criminal Defense Lawyer

When you choose Carlson Law Group, P.C., you will be represented by an experienced Will County, IL criminal defense attorney who has previously served as a prosecutor and judge. That means we know better than most how to mount a winning defensive strategy. Contact us online or call 815-710-3700 today for a free case review.