When Are You Supposed to Be Read Your Miranda Rights?
You have a right to remain silent, but when are you supposed to be read your miranda rights? What happens if you're not read your rights? Read on to learn more.
Sure, we've all heard the basic line repeated on TV, "you have the right to remain silent..." But, do you have a good understanding of what these rights mean?
This long list of rights, called your Miranda Rights, protects those suspected of a crime. When are you supposed to be read your Miranda rights? What happens if your rights get violated?
Keep reading to get all the details.
What Are Your Miranda Rights?
What are the Miranda Rights? They're an informal list of a suspect's Constitutional rights.
The right to remain silent
The right to an attorney
The right to an attorney. The courts will provide one for you if you can't afford one
Suspects must also get informed that anything they say can get used in evidence in court.
Why Are Miranda Rights Important?
The Constitution's Fifth Amendment protects citizens against making self-incriminating statements. What happens when police officers use force to elicit a confession from a suspect?
The Supreme Court debated this question in 1966. The case, Miranda v. Arizona, resulted in a new standard. Confessions can only get used as evidence when the suspect got told their Miranda rights.
This precedent upholds a suspect's rights, and it is now known as the Miranda Rights law. Here's what it protects you from:
Police intimidation and coercion
Unconstitutional interrogation practices
If a suspect confesses, then they must first revoke their Miranda Rights. Otherwise, a court will deem the confession invalid.
When Are You Supposed to be Read Your Miranda Rights?
The court precedent sets a clear standard on when cops need to read a suspect's rights. Rights must get read when police intend to interrogate a person who is in their custody.
Rights do not need to get read as the suspect is getting arrested.
Most officers give the Miranda Warning during the arrest out of caution, but it isn't required.
Were Your Rights Violated?
Are you facing prosecution for a federal crime?
If police are interrogating you, you can invoke your Miranda Rights and remain silent. Authorities cannot penalize you for enforcing your rights.
You can ask for the presence of an attorney during the questioning process. Never answer anything that you don't want to.
Silence is almost always your best option. There are times that the Miranda rights don't apply. For example, a statement made that isn't a direct response to a question can get used against you in court. If one officer comments to another that you fit the description an eye-witness gave, and you respond by saying that there were no witnesses, that statement is allowable in court.
There is also a legal grey area when it comes to public safety. Before saying anything, make sure you have a lawyer by your side.
What happens when your Miranda rights get violated? What if you were never even informed of your rights?
Understand that any statements made under interrogation will be inadmissible. Evidence obtained after these statements could also get thrown out of court.
If you find yourself in this situation, then it's advised you seek out a defense attorney's help.
Understand Your Basic Rights
When are you supposed to be read your Miranda rights? You should get informed when you're in police custody and getting interrogated. Otherwise, the police are violating your rights.
Are you in need of legal representation in Kansas City? O'Connor Law Firm can help. Reach now using the online contact form and get the defense you need.