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What happens when you waive your Miranda rights?

On Behalf of | Sep 28, 2021 | Criminal Defense

The Fifth Amendment protects you from making self-incriminating statements by asserting your right to remain silent. Upon arrest and before custodial interrogation starts, the police are required by law to make you aware of your Miranda rights, including the right to remain silent. It also states that anything you say can and will be used against you in a court of law.

However, you can waive your right to remain silent, either expressly or implicitly. For example, you could do so by saying out loud or signing a written statement expressing your desire to waive your Miranda rights. If you did this, any statements you made, even against yourself, could become evidence in court. You could also act in a way that implies that you waive such rights. Complying with law enforcement and willfully giving more information about your case even after being read your Miranda rights may imply a waiver on your part.

You can later invoke your Miranda rights

A waiver of your Miranda rights is not cast in stone. You may invoke your right to remain silent even after waiving it. The Court may decide that any statements that you made to police investigators after invoking your Miranda rights are inadmissible at trial. However, prosecutors may use your previous statements against you in court.

Protect your legal rights

For criminal charges, the burden of proof lies squarely on the prosecution. That said, you may need more than remaining silent to get off the hook. A successful defense entails dissecting other aspects of your case, including the evidence against you presented in court.

It is, therefore, crucial to learn more about the charges that you are facing to make an informed decision on how to proceed and to increase the likelihood of a favorable outcome for your case.