We have all heard them on numerous cop shows on television, the familiar “You have the right to remain silent….” But do you really understand your Miranda Rights? The Supreme Court ensured in 1966 that everyone be informed of them if they were ever to face arrest and interrogation while in custody.
If you feel that your Miranda Rights were violated, speak with your Colorado criminal defense lawyer today. They will ensure that your constitutional rights are protected.
Miranda Warnings are part of your constitutional rights. Not everyone understands the rights they are due if they are facing arrest and interrogation, and so the Miranda warning informs them prior to doing something to harm their case.
The original Miranda case was brought before the supreme court because a man was arrested and went through an interrogation without understanding that he was not required to answer their questions. Following the case, issuing a Miranda warning became a right.
In order to entitle a person to a Miranda Warning, two factors must be in place. It is important to know your rights and when they are protected. This can save you from unnecessary incrimination.
For you to be issued a Miranda Warning, you must be arrested, first of all. After your arrest, you must be read your rights before facing interrogation. Interrogation is another way to say that you are being questioned about criminal activity you are suspected of having been involved in. At this time, you are not allowed to leave at will.
It is essential to remain silent, even if you are not read your rights, because anything you offer can be used against you in a court of law.
Even if you are not read your Miranda Warning, it is crucial that you keep quiet. By remaining silent, you are not implicating guilt. You are simply protecting yourself from self-incrimination. If you are simply seated in the backseat of a police vehicle, you are not under arrest.
If you are brought to the police station for questioning and are told that you are free to go at any time, it is not required that the law enforcement questioning you has to read you your Miranda rights.
Because you have not been arrested, you will not be read your rights. It is important to remain quiet anyway. The Fifth Amendment still applies to you, even when your Miranda rights are not ready for you. So, it is essential to understand that you can remain silent and offer no answers to the police. It is always best to have your criminal defense lawyer present.
To avoid incriminating yourself, consider your Miranda rights. Listed below are how they apply to you, whether you are in a situation that requires them to be read to you or not:
You must be informed of your rights. Those rights protect you from self-incrimination. We are here to make sure that your rights are protected.
Contact the Law Offices of Flesch & Beck Law if you feel your rights have been violated. We will review your arrest and answer any questions you may have. If your rights have been compromised, we are here to help.