“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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
In the event you are arrested and taken into custody to undergo an investigation, you should hear those exact words. This is called the Miranda Warning. You often hear them on TV crime episodes and drama series, but do you understand what these mean to you if you were to face criminal charges? Your response to the Miranda Warning impacts the outcome of your case, so you should familiarize yourself with the rights. It is important to know the basics.
- If you are arrested and taken into custody, by law you must be read your Miranda Rights.
- If the police fail to inform you of them, you have the right to challenge this violation in court; however, you should note these are only required to be read if they intend you to undergo custodial interrogation.
- If you choose not to speak to the police, you don’t have to, or you can have an attorney represent you.
- If you waive your rights and wish to speak to the police freely without an attorney present, at any time you can change your mind and “plead the fifth.”
- If you cannot afford an attorney, one will be appointed to you by the city/state.
Miranda Rights are meant to protect you as a U.S. citizen and are rooted in the Fifth Amendment. If you believe your rights may have been violated, this can significantly impact your case. You need a strong criminal defense attorney to help you navigate the courtroom, and Bush Law Firm can provide a team to do just that.