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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.

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.

REAL ESTATE 89: RM had not included any language in the deed providing that the property was a joint tenancy with full rights of survivorship, the property instead became a tenancy in common.

RM drafted the deed without seeking counsel and mistakenly believed that, if either she or FK died, the property would fully pass to the surviving tenant. FK’s will provided that if his wife predeceased him—which she did—the personal representative of his estate should sell any residual property that he owned and divide the cash proceeds equally among his surviving children.

FAMILY LAW 83: A trial court can terminate a parent’s rights and permit a stepparent to adopt a child.

A trial court has discretion to terminate a parent’s rights and permit a stepparent to adopt a child when the conditions of MCL 710.51(6) are met. MCL 710.51(6)(b) requires the petitioner to establish that the other parent had the ability to visit, contact, or communicate with the children, and substantially failed or neglected to do so for a period of two years.

PROBATE 53: The trust agreement included an Incontestability Provision.

A settlor’s intent is to be carried out as nearly as possible. Generally, in terrorem clauses are valid and enforceable. However, a provision in a trust that purports to penalize an interested person for contesting the trust or instituting another proceeding relating to the trust shall not be given effect if probable cause exists for instituting a proceeding contesting the trust or another proceeding relating to the trust.

FAMILY LAW 82: Court stated it would terminate the personal protection order (PPO) after the parties present documentation of the initiation of the divorce proceedings.

However, the trial court concluded that these matters should, in fact, be in the province and the jurisdiction of the Family Division and in that respect, having issued a personal protection order, the Court stated it would terminate the personal protection order after the parties present documentation of the initiation of the divorce proceedings.

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