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Should You Invoke Your Miranda Rights? Criminal Defense

Should You Invoke Your Miranda Rights?

4 years ago by Brian
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If you are arrested for a crime in the State of Minnesota, it is important that you first and foremost invoke your Miranda rights, including your rights to remain silent and have a criminal defense attorney present with you during any police questioning or interrogation. 

When you are arrested on a criminal charge of the State of Minnesota, the arresting police officer is supposed to notify you of your Miranda rights. Specifically, the officer should inform you that you have the right to remain silent. In addition, the officer should tell you that anything you say can be used against you in court. Finally, the officer must tell you that you have a right to the presence of legal counsel, and that if you cannot afford an attorney, one will be provided for you by a court of law (i.e., a public defender). These are called the ‘four corners,’ or the ‘four bases,’ of Miranda and come from the United States Supreme Court case of Miranda v. Arizona.

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At the time of your arrest, you should always invoke your Miranda rights. This means that you should refuse to answer questions from a police officer or investigator until such time as an attorney can be present with you.

If you have been arrested or charged with a criminal offense pursuant to the Criminal Code for the State of Minnesota, the Woodbury criminal defense lawyers at JS Defense, PA., are here to help. Please call us today to find out more about how we could assist you with defending against your criminal charge in the State of Minnesota. 

What Happens if You Don’t Invoke Your Miranda Rights?  

If you don’t invoke your Miranda right to the presence of counsel prior to a police officer or investigator interrogation, anything that you say in response to the questions being asked can be used against you in court. For example, if you admit to committing the offense or say that you were at fault in any way, then that statement could be admissible in court. As a result, a judge or jury could find you guilty or convict you of the underlying criminal offense.

When a Woodbury criminal defense lawyer is present with you during police questioning, he or she can instruct you not to answer certain questions to avoid you saying something that might incriminate yourself. Failing to have a lawyer present at this time can lead to serious consequences and penalties being imposed. If you are ultimately found guilty or convicted of the criminal offense, for example, you could be looking at jail time, monetary fines, community service, probation, and other penalties.

Contact a Knowledgeable Woodbury Criminal Defense Lawyer about Your Pending Criminal Charge Today

The experienced team of attorneys at JS Defense, PA., can help you assert a favorable legal defense against your criminal charge or bargain for a favorable plea deal with the state prosecutor who is handling your case. For a free case evaluation and legal consultation with an experienced Woodbury criminal attorney, please call us today at (651) 968-9652 or contact us online for more information.



Award-winning criminal defense attorney with a proven track record of dismissals, acquittals, and positive resolutions for his clients. For over a decade, Justin has dedicated himself to criminal and DWI defense. He has advocated for individuals through every step of a case, from pre-charge representation through pretrial hearings and trials.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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