Anyone who has ever watched a show involving police has likely heard someone read their Miranda Rights.
“You Have The Right To Remain Silent. Anything You Say Can And Will Be Used Against You In A Court Of Law. You Have The Right To Speak To An Attorney, And To Have An Attorney Present During Any Questioning. If You Cannot Afford A Lawyer, One Will Be Provided For You At Government Expense.”
Do you actually know what your Miranda rights are? Do you understand why they are so important? Our attorney at law wants to make sure you’re fully educated and aware of all your rights, including Miranda rights.
Arizona Vs. Miranda Case
In March of 1963, Ernesto Miranda was pulled over and detained on the suspicion that he had committed a number of serious felonies. Upon questioning, Miranda admitted to committing certain crimes. He was never directly informed of his constitutional rights to remain silent or to consult with an attorney. He was ultimately convicted of the offenses and sentenced to a significant term in prison. Mr. Miranda appealed the decision made by the trial court arguing that his constitutional rights were violated when he was not properly advised of his rights. The US Supreme Court agreed and reversed the admission of Mr. Miranda’s confession. Upon reversal, Mr. Miranda was tried and convicted again, this time without the use of his confession.
Let’s Break it Down
“You have the right to remain silent.”
You cannot be legally compelled to say anything at all.
“Anything you say can and will be used against you in a court of law.”
Since all suspects have the right to remain silent, if they choose to speak, police have the right to use their statements against them in a court of law. In many situations, suspects are overwhelmed and confess to officers without understanding they have the right to remain silent.
“You have the right to speak to an attorney, and to have an attorney present during any questioning.”
Having a knowledgeable attorney at one’s side during interrogation is extremely important in protecting someone. At any point during questioning, if a suspect unequivocally requests an attorney, interrogation must cease until an attorney is present.
“If you cannot afford a lawyer, one will be provided for you at government expense.”
A suspect must be told that a lawyer will be appointed to them free of charge. He/she may consider the right to an attorney meaningless if they cannot afford one, so clarifying they can get one at no charge is necessary.
Attorney at Law Contact
At the end of the day, it’s important that any suspect is aware of his/her rights. An experienced attorney will likely be your greatest advocate in the courtroom. Reach out to our attorneys if you or someone you know is in need of representation. We’re here to defend your rights.