Hollywood vs. Reality
TV shows have taught us all to expect the same scene: the arrest, the handcuffs, and the officer saying, “You have the right to remain silent.” But what does that really mean? When does it apply? And most importantly, how it can be used against you? Making assumptions can put you at serious risk. Keep reading to see how well you know your Miranda rights.
Myth 1: Police Must Always Read Your Rights
False. Officers only have to read you your rights if both things are true:
- You are in custody – not free to leave.
- You are being interrogated – asked questions designed to get you to admit guilt.
Example:
- At a DUI stop, if you admit you “had a couple drinks,” that statement is fair game. You weren’t in custody yet.
- If you’re handcuffed at the station (ie. in custody) and police ask, “Why did you take the items?” without Miranda, your answer may get thrown out.
Takeaway: Don’t wait for Miranda. Protect yourself by staying silent until you speak to a lawyer.
Myth 2: If Police Don’t Read You Your Rights, the Case Gets Dismissed
False. If officers don’t give Miranda warnings, your statements might be suppressed. But the charges don’t disappear. Prosecutors can still use other evidence.
Example:
Police arrest someone for shoplifting. At the station, before Miranda, they ask, “Why did you steal?” and the suspect says, “I didn’t have money.” That statement might be excluded. But security footage of the theft still supports the case.
Takeaway: Miranda protects statements, not entire cases.
Myth 3: Talking Before Miranda Can’t Be Used Against You
False. Anything you say voluntarily can be used—even before Miranda warnings.
Example:
- At a traffic stop, you blurt out, “I only had two beers.” That’s voluntary and admissible.
- During casual talk before arrest, you admit being at the scene. Prosecutors can use that, too.
Courts only suppress statements if they result from custodial interrogation without Miranda. Voluntary, uncoerced comments are usually allowed in.
Takeaway: If you’re talking, prosecutors are listening.
Myth 4: Staying Silent Makes You Look Guilty
False. The Constitution protects your right to remain silent. Prosecutors can’t argue that silence proves guilt.
But here’s the catch: you must clearly say you’re invoking your right. Simply staying quiet may not be enough.
Example:
If you say, “I want to remain silent until I talk to a lawyer,” questioning should stop. If you just sit silently, officers may keep pressing you.
Takeaway: Silence is your right. Use it clearly and directly.
Sources:
Colo. Const. art. II, § 18
Griffin v. California, 380 U.S. 609 (1965)
Berghuis v. Thompkins, 560 U.S. 370 (2010)
Myth 5: Asking for a Lawyer Makes You Seem Guilty
False. Asking for a lawyer is smart—not suspicious. Once you say, “I want a lawyer,” police must stop questioning until your attorney is there.
Example:
If officers ignore your request and keep questioning, anything you say after that may be thrown out in court. Police may suggest that asking for a lawyer “makes things worse.” Don’t believe it. The law protects this request.
Takeaway: The smartest move is to ask for a lawyer immediately.
Knowledge Is Power
We’ve defended clients where silence could have changed the outcome, or at the very least, made the job of defending them much easier. At Pav Law, we’ve had cases where the only evidence against our client was something they said to police. No weapon. No witness. Just words that slipped out under pressure.
That’s why we always advise:
✅ Don’t explain. Don’t argue. Don’t try to talk your way out.
✅ Politely say: “I want to remain silent. I want a lawyer.”
✅ Stop talking until your attorney is present.
The less you say, the stronger your defense. Remember – Silence is golden
Final Word: Protect Yourself
Miranda rights protect you, but only if you use them. Understanding your rights is the first step to protecting them. Don’t wait for police to read you a script—take control by staying silent and calling a lawyer.
If you’re facing criminal charges in Colorado, you need more than myths to defend you. You need a defense team that knows how to challenge every piece of the prosecution’s case.
At Pav Law, we have the knowledge to find the cracks in the prosecution’s case, and the experience to know how and when to exploit them. If you or a loved one has been charged in Colorado, don’t gamble with your future.
👉 Call Pav Law today for a confidential case evaluation, (719) 888-7888. Or fill out our Case Evaluation Request form, and a member of our staff will reach out to assist you.
Tags:#MirandaRights #AndrewBrown #CriminalDefense #PavLaw #KnowYourRights #RemainSilent #ColoradoLaw #LegalAdvice #MirandaMythsColorado
