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Invoking Your Right to Remain Silent

Originally posted on 07/19/2017

A suspect is read his Miranda Rights, including his right to remain silent, while being arrested.While the “right to remain silent” represents one of your most inalienable rights, many people have a few misconceptions about how it works. Many people receive their understanding of this particular right from media and preconceived notions. You can't always have an experienced defense attorney with you when out in your community. Here’s a look at what it is and what it isn’t when it comes to your right to remain silent in Michigan while being arrested.

Your Miranda Rights

To start with, you need to understand your overall Miranda rights. These rights, or warnings, exist so you don’t accidentally violate your own Fifth and Sixth Amendment rights. These include your right to not incriminate yourself, and your right to legal counsel, respectively. Miranda warnings also exist to prevent law enforcement from purposefully violating your rights.

You Only Need to Hear Your Rights Before Being Arrested

Many people assume an officer must read them their rights no matter the circumstance. That’s not true. Officers only need to verbalize your rights if they intend to arrest you. If an officer subjects a defendant to a “custodial interrogation,” then they have to advise the individual of the right to remain silent. Courts have noted that questioning during traffic stops does not require Miranda warnings because the individual isn’t in custody (even though they are not free to leave the scene before the traffic stop has been concluded).

You Have the Right to Remain Silent

You don’t have to answer any questions police or other law enforcement agents ask you. You have the right to contact legal counsel and have them present before an officer can interrogate you. Even if you do start answering questions, you have the power to stop answering them until legal representation shows up.

You Must Invoke Your Right

At any time, you can “plead the fifth.” If an officer reads you your rights, you should acknowledge that you heard them, and let them know you will remain silent. It’s not enough to stay and remain silent without acknowledging that’s what you’re doing. Otherwise, it can become misconstrued as you purposefully not invoking your constitutional right to remain silent.

Partner with an Experienced Defense Attorney won Your Case

No matter who you are or what you are suspected of having done, you still have rights in this country. Knowing your rights is key during interactions with law enforcement. If you need a knowledgeable and reliable defense attorney, contact the criminal law office Aldrich Legal Services today.

MICHIGAN WILLS/TRUSTS 33: Trustees required to provide notice informing recipients that they may challenge the validity of a trust and the period allowed for bringing such a challenge.

The notice sent clearly advised her that if she wanted to contest the validity of the Trust in a judicial proceeding, the law required her to do so within six months from the date of the letter. Nothing in the statute requires a trustee to inform the recipients of the specific legal consequences of not acting during the time allowed.

MICHIGAN REAL ESTATE 97: The court imposed a constructive trust on defendant’s one-half interest in the property in favor of plaintiff.

The trial court found that plaintiff sustained her burden of establishing that a constructive trust was necessary to prevent defendant from being unjustly enriched. Accordingly, the court imposed a constructive trust on defendant’s one-half interest in the property in favor of plaintiff and ordered defendant to convey his interest in the property to plaintiff.

MICHIGAN REAL ESTATE 95: Property owners did not place a condition upon the delivery of the deed; rather, they delivered the deed to themselves.

When the delivery of a deed is contingent upon the happening of some future event, title to the subject property will not transfer to the grantee until the event has occurred. However, in this case A and J did not place a condition upon the delivery of the deed; rather, they delivered the deed to themselves, then deposited the deed with their attorney with the instruction to record the deed only upon the happening of a future event, thereby placing a condition only upon the recording of the deed.

MICHIGAN PROBATE 57: Brother granted permanent guardianship of siblings.

At a multiday hearing to address the extension of the guardianship, the eldest children, the mother’s relatives and friends, and school personnel testified regarding the mother’s care of the children, appellant’s treatment of and interaction with the children, and the eldest siblings’ role in aiding the mother to raise the children.

FAMILY LAW 88: The trial court found that the children did not have an established custodial environment with defendant because, before the separation, he did not have a large role in the children’s lives.

The trial court credited plaintiff’s testimony that, before the parties’ separation, defendant spent minimal time helping to care for the children, so its finding that the children would not have looked to defendant for guidance, discipline, the necessities of life, and parental comfort during that time was not against the great weight of the evidence.

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