The Miranda Rights are a set of legal rights that every individual has when they are taken into police custody. These rights were confirmed by the Supreme Court in the landmark case of Miranda v. Arizona in 1966.
The purpose of the Miranda Rights is to protect individuals from self-incrimination and to better ensure that they are aware of their legal rights when being questioned by law enforcement. Here are a few things you need to know about Miranda Rights.
Police officers must read Miranda Rights to an individual who is under arrest
Police officers have to read you Miranda Rights if you’re being detained and questioned in connection with a crime. If the police don’t read you your rights, you might be able to use that oversight as part of your defense strategy.
You have the right to remain silent
The most well-known right under the Miranda Rights is the right to avoid self-incrimination by invoking the ability to stay quiet when police are questioning you. This means that you have the right to refuse to answer any questions asked by law enforcement. You can invoke this right at any time during police questioning.
You have the right to an attorney
Another right under the Miranda Rights is that you can have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.
Questioning must stop
If you choose to exercise your Miranda Rights, law enforcement must stop questioning you immediately. You must invoke this right explicitly, so you have to specifically say that you choose to remain silent. The invocation of your rights applies across the board. Police officers can’t call in people from another shift or department to resume questioning you.
Violations of your rights can sometimes be used as part of a defense strategy. Working with a legal professional who’s familiar with these matters can help you to learn what options you have to fight the charges you’re facing. Filling out a contact form on our firm’s website is a good way to start.