How Long Do Your Miranda Rights Last?
You have probably heard police officers utter the same words in movies and television thousands of times: “You have the right to remain silent.” This is the first sentence used by law enforcement to make sure you are aware of your rights as a US citizen.
The Miranda Warning goes on to say, “Anything you say or do can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” A law enforcement officer will then ask you if you understand these rights.1
However, one thing that is never explained is just how long these Miranda Rights last. When you tell a police officer that you want an attorney before answering any questions, how long does the officer have to wait before attempting to question you again? If you exercise your right to remain silent, are police barred from ever questioning you again?
When Do Miranda Rights Expire?
Prior to 2010, if you refused to speak to police without an attorney present, police were required to stop all questioning until you had an attorney with you. If the police continued any interrogations, they would be violating your constitutional rights.
However, that changed after the 2010 Supreme Court case Maryland v. Shatzer, 559 U.S. 98 (2010). In a 9-0 decision, the court decided to limit how long Miranda rights are valid. The court ruled that if you choose to invoke your right to an attorney and are released from custody, law enforcement can attempt to question you again after two weeks (14 days).2
Justice Antonin Scalia, who wrote the majority decision, described 14 days as a sufficient amount of time. According to Scalia, this is enough time to consult with friends and family and speak to an attorney before being faced with police questioning. Simply put, when you decide that you want an attorney present before discussing any details of your case, police can still attempt to question you again 14 days later.3
What Should You Do if Police Question You?
The power of your Miranda rights was significantly reduced by this Supreme Court ruling. Invoking your Miranda rights now only protects you from police questioning for 14 days. If authorities attempt to interrogate you again after 14 days have passed, they must once again inform you of your Miranda rights.
If law enforcement attempts to question you, the best thing to do is exercise your right to remain silent until you speak with a skilled attorney.
You must remember to clearly state that you are choosing to exercise your Miranda rights. Authorities will only stop questioning you when you have made it clear that you do not intend to answer any questions without your lawyer. Simply not responding will not stop the interrogation.4
Even if your attorney contacts the police department and tells the officers not to speak with you, it is still your responsibility to tell them you are choosing to remain silent.
Let the Criminal Defense Attorneys at Wallin & Klarich Help You Today
If you suspect that police officers violated your Miranda rights when you were taken into custody, it is critical that you speak with an attorney immediately. A knowledgeable criminal defense attorney could argue that your rights were violated and the charges against you should be dropped. Your attorney can protect you from police questioning and make sure you were properly informed of your Miranda rights.
Our team of attorneys at Wallin & Klarich has been successfully helping our clients facing criminal allegations for over 40 years. With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, our experienced attorneys are available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
1. [http://www.mirandarights.org/]↩
2. [http://www.huffingtonpost.com/2010/08/02/miranda-rights-trimmed-do_n_667023.html]↩
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