You have the right to remain silent. Anything you say may be used against you in a court of law.
If you are fond of watching cop movies or series on criminal investigation and detective work, then you have heard the Miranda rights. But when do the Miranda rights come into play? Did the officer advise you at the right time? Your rights as an individual do not end when you are being pulled over for a possible traffic violation.
We receive calls every day about “cops didn’t read me my rights.” In this article, we talk about Miranda rights and why you need to know them.
What Is The Origin of the Miranda Rights?
The Miranda rights are popularly known as the Miranda warning. It was ordered by the United States Supreme Court in the case of the United States Supreme Court case Miranda v Arizona.
In the 1966 case of Miranda v. Arizona, the United States Supreme Court ruled that detained criminal suspects must be informed of their constitutional right to an attorney and against self-incrimination, before police questioning or any kind of question relating to the commission of a crime.
In 1963 when Phoenix resident Ernesto Miranda was charged with robbery, kidnapping, and rape. He was not informed of his rights before the investigation and was forced to confess to the crime after a two-hour interrogation.
This was considered a big deal because Miranda had not finished ninth grade and had a history of mental instability. Miranda also did not have any counsel present at the time of the two-hour interrogation done by the police. During the trial, the prosecution’s case consisted solely of his confession and he was convicted of all of the crimes that he was charged with and eventually penalized with 20 to 30 years imprisonment.
His public defendant went on appeal and it reached the Arizona supreme court claiming that the police had constitutionally obtained his confession even if it was during a two-hour interrogation and with no mention as to how the interrogation was conducted. Of course, the Arizona supreme court agreed with the decision of the lower courts and upheld the conviction of Miranda but he appealed to the United States Supreme Court and the case was reviewed back in 1966.
Obviously by the time the United States Supreme court had already decided that Miranda was not properly informed of the rights that he has. The decision was a controversial one as it was a 5-4 decision and the final copy of the decision was penned by then Chief Justice Earl Warren.
What are the rights?
Generally, the Miranda rights can be summarized as follows:
- You have the right to remain silent.
- If you say anything, what you say can be used against you in a court of law.
- You have the right to consult with a lawyer and have that lawyer present during any questioning.
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
- If you choose to talk to the police officer, you have the right to stop the interview at any time.
When you are being pulled over for a traffic violation or being arrested for any alleged crime make sure that you would know your Miranda rights and that you will fight for your rights as a citizen of the United States.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the information provided.
Let Us Help You
If you’ve been charged with a crime, then you need a Southfield criminal defense lawyer. Call us immediately. We offer free consultations and are on standby to take your call. Our criminal defense attorneys are professionals in criminal investigations and law enforcement protocol.