Most people have likely heard of the Miranda Rights but might not understand the significance of those rights and why they’re so important. Those few sentences that are recited to someone who is being arrested are very significant and hold quite a bit of weight when it comes to an individual’s legal case.
First, let’s take a look at why we have the Miranda Rights. These rights included in the Miranda warning come for both the Fifth and Sixth Amendments to the Constitution, specifically the right against self-incrimination and the right to counsel. As American citizens, the Constitution clearly depicts our rights as individuals. The Miranda Rights are meant to remind the individual that is detained of each of us’s rights.
Miranda Rights or warnings, or solely for those who are being arrested or detained. When police simply talk or questions someone, they do not give the Miranda warnings. As an officer is arresting an individual, they are to convey the following in any way they choose
- You have the right to remain silent.
- If you do 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.
Once an individual is arrested are detained, they have the option to invoke their Miranda rights by merely stating that they want an attorney present and are choosing to remain silent until one is present. Should a person proceed to answer questions after being read their Miranda rights, the arresting officer and court, later on, will consider that to be knowingly waiving their rights. If an individual begins to answer questions during interrogation but then decides they’d like a lawyer present, they have the option to invoke their rights then and there. At any point during an interrogation, should the arrestee invoke their Miranda rights, the interrogation must legally end.
In the event voluntary statements are made before an arrest, that conversation is essentially fair game. Only when someone is detained are Miranda Rights then suppose to be read. Asking for a lawyer when being arrested and interrogated by the police is very important. Lawyers can help you navigate the interviews with police and give you a better understanding of the charges you face.
Check back for more helpful information from Madison Campbell.