Understanding the Meaning of Miranda Rights - Miranda Rights Meaning
What Are Miranda Rights?
Should you have ever watched a crime show or movie, it is likely that you have heard the Miranda rights. However, most people don’t know exactly what Miranda rights are and why they are important. Interestingly, Miranda rights only came into being in 1966 when the Supreme Court of the United States (SCOTUS) established them in its ruling on Miranda v. Arizona.
It’s crucial to know your rights in case you ever get arrested. At Luck Law, LLC, our Montgomery criminal defense attorney is ready to help from the time of your arrest and throughout the justice process.
What Exactly Are Miranda Rights In The United States?
Miranda rights, also known as the Miranda warnings, are an adaptation of certain rights covered in the Fifth and Sixth Amendments to the United States Constitution. In Miranda v. Arizona, SCOTUS ruled that anyone who is interrogated by law enforcement in a custodial situation must be informed of the following:
- You have the right to remain silent.
- Anything you say can and will be used against you.
- You have the right to have an attorney present.
- If you can’t afford an attorney, one will be appointed to you.
It’s important to note that a police officer does not have to read your Miranda rights when they are arresting you - only when they want to begin asking material questions. They are allowed to ask for basic information like your name, age, and Social Security number without reading your Miranda rights first. In addition, you do not have to be formally arrested to be entitled to Miranda rights. If you are in a custodial situation when you don’t feel free to leave, and police are asking you questions, they should Mirandize you first.
If police officers start an interrogation - even an informal one - without making you aware of your Miranda rights, any evidence they gain should not be used against you. However, you need the right Alabama criminal defense lawyer who can ensure the court finds that evidence inadmissible.
How to Invoke Your Miranda Rights
Invoking your Miranda rights is always wise, and it will not make you appear guiltier, as this invocation cannot be used against you in your case. If you want to invoke your Miranda rights, you need to tell the police officer who is questioning you or detaining you. You cannot simply remain silent and presume your rights are being invoked.
Additionally, you can choose to invoke your Miranda rights at any time during the investigation. If you have answered a few questions, you can decide to invoke the right to remain silent if you would rather have an attorney present. If that is the case, the questioning has to stop immediately until your attorney is present or until you want to answer their questions again.
Get In Contact With a Montgomery Criminal Defense Attorney Today To Discuss Your Situation
Getting arrested or facing criminal charges can be an incredibly stressful situation for anyone. It’s crucial to know what your Miranda rights are and how they can benefit you. Hiring an Alabama criminal defense attorney as soon as possible after an arrest can often improve the outcome of your case.
At
Luck Law, LLC, we can help after you invoke your Miranda rights and identify whether your rights have been violated.
Get in touch with our office today for criminal defense representation you can trust.