Thanks to the abundance of crime dramas on TV every night, almost everyone in the country is fairly familiar with their Miranda Rights, or at least the opening lines: “You have the right to remain silent…You have the right to an attorney…” and so on. However, even if you’ve heard of Miranda rights before, and you’ve seen them read on TV, many people still have questions about these rights and how they impact an arrest, interrogation, or investigation.
If you’ve been arrested and you’re facing charges for criminal activity or even if you are only under investigation, you need to understand what your Miranda rights are, when they apply, and how they can protect you throughout the course of the investigation. If you do not fully understand the protections that these rights grant you, you could inadvertently give the police vital information that could help them build their case against you.
Below are some common questions and answers that people may have about their Miranda rights.
What are My Miranda Rights?
The Miranda rights are a series of “rights” or protections that are afforded to any person who is facing inquiry from the police about potential criminal actions or charges, including the right to remain silent, the right to an attorney, and the right to refuse to speak to the police at any point during the interrogation. These rights were established to protect people from incriminating themselves without understanding that they could have asserted their constitutional rights. Miranda rights also protect people from being forced to make a false statement or testimony by the police.
Are Miranda Rights Required Every Time I Speak to the Police?
The answer to this is no—whether your Miranda rights are read is usually dependent on the circumstances. In some cases, a police officer may stop you and ask you to answer a few questions, or even take you to a station to do so, without reading your Miranda rights. This is because you have not been arrested, and you’re not in police custody, these rights are not required.
What If I’m Arrested and My Miranda Rights Are Not Read?
While not all criminal investigations are the same, you are afforded certain basic rights that cannot be taken away from you, including the right to remain silent, the right to a trial before a jury of your peers, and the right to a lawyer. You also have protection from the law against unlawful search and seizure. A formal reading of your rights should be done when you are arrested, and if it is not, your criminal attorney may be able to successfully argue that the statements that you made cannot be used against you at trial.
Call Attorney Scott Gorman Today for Immediate Assistance
Knowing the rights granted to you by the United States Constitution is incredibly important, especially if the proper procedures are not followed when you’re taken into police custody. If you have questions about the way your case has been handled, or you have been arrested and need representation, contact Scott Gorman at The Gorman Law Firm, a leading Morristown criminal defense law firm.
Published in Categories: Criminal Defense