Miranda Rights Can Protect You
Miranda Rights are the rights that people have when they are being questioned by police. They were created to protect citizens from abuse and overreach by law enforcement. It’s important to know your Miranda Rights so you can exercise them if necessary, but what exactly are those rights? Here is a quick overview of five things every person should know about their Miranda Rights before speaking with authorities:
1. You have the right to remain silent.
2. Anything you say or do can be used against you in a court of law.
3. You have the right to an attorney present during questioning, even if you cannot afford one.
4. If you cannot afford an attorney, one will be appointed for you without cost or obligation.
5. You can exercise these rights at any time during questioning.
You should also be aware that you may waive your Miranda Rights, but only if you do so voluntarily, knowingly, and intelligently. If you are ever questioned by police, it’s best to consult with an attorney beforehand so you can make an informed decision about whether or not to waive your rights. The consequences of waiving your Miranda Rights can be significant, so it’s important to understand the implications before making any decisions.
You Can Benefit In Court If Your Rights Are Violated
If you are questioned by police without being read your Miranda Rights, anything you say can still be used against you in court. However, the prosecution may not use anything you said as evidence of your guilt if they cannot prove beyond a reasonable doubt that you waived your Miranda Rights voluntarily, knowingly, and intelligently. This can be a difficult burden for the prosecution to meet, so it is important to understand all of your rights before speaking with authorities. If you have any questions or concerns about your rights, consult with an attorney immediately.
Miranda Rights Only Apply in Certain Situations
Just because you are being questioned by police, you do not have to waive your Miranda Rights. Miranda Rights only apply in certain situations, such as when a person is in custody and being interrogated. If you are not in custody or not being interrogated, you may not be entitled to the same protections. However, it’s always best to exercise your rights even if you think they may not apply in your situation, as the consequences of waiving them can be significant.
Other Statements May Still Be Admissible Evidence
Although the prosecution cannot use most statements made by a defendant without reading their Miranda Rights, there are exceptions. Statements made before being Mirandized can still be used as evidence if they are voluntarily given and not the result of police coercion. In addition, any physical evidence that is seized without a warrant may still be admissible in court, even if it was obtained as a result of statements made by the defendant without being read their Miranda Rights. Before speaking with authorities, it is critical to understand all of your rights. You can make informed decisions about what you say and how you say it. If you have any questions or concerns, consult with an attorney immediately.
Law Enforcement Must Cease Questioning When You Ask for a Lawyer
One of your most important Miranda Rights is the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you at no cost or obligation. Once you ask for an attorney, law enforcement must cease all questioning until your lawyer is present. If they do not, anything you say after that point may not be used as evidence against you in court. If you have any questions about your rights or what to do if you are questioned by police, consult with an attorney immediately. Call our criminal defense law firm today at 307-243-4978 for a free consultation.