How do Miranda Rights work? It’s common to feel pretty helpless when you get arrested, but you do have legal protections. Here’s how knowing your Miranda rights can help your defense.
Miranda Warning
Law enforcement must warn you of your rights as a criminal suspect before asking you any questions. This warning is commonly known as the Miranda warning. It’s so essential that you receive notice of everything contained in the Miranda warning that most law enforcement agencies require officers to read the information from a wallet-sized card.
The Miranda warning gets its name from a famous Supreme Court case called Miranda v. Arizona. The legal case began when Miranda was questioned about a kidnapping and rape for over two hours without being told that he had the right to remain silent and could speak with an attorney.
Miranda confessed and was convicted. The U.S. Supreme Court voided the conviction because the police never told him his rights before interrogating him about the rape and kidnapping. His successful appeal to the highest court in the United States changed how the police inform defendants of their rights.
How do Miranda Rights Work
Your Miranda rights come from the protections outlined in the Fifth Amendment of the United States Constitution. The police must inform of the following rights before questioning/arresting you for a crime. They must make sure that you understand that
- You don’t have to talk about the crime to the police.
- Your attorney can sit with you while you talk to the cops.
- The court will give you a lawyer if you can’t afford to hire one.
- The prosecution can use your words against you in court.
In general, expect to hear your rights read to you before the police start to ask you any questions related to a specific crime. The moment that you become an interrogation target, they must make sure that you know your rights.
Pay close attention to the police officer delivering your Miranda warning. Along with checking to be sure that you get the entire notice, you should tell the cop if you don’t understand any part of your Miranda rights.
Do not hesitate to tell your defense attorney immediately if the police did not Mirandize you. Failure to give a Miranda warning to a suspect is a big deal, and the judge could dismiss the case against you as a result.
Lastly, how do Miranda rights work to protect you? They protect you from harming your defense during your initial interactions with the police. The United States Constitution offers substantial protection to criminal defendants, and it’s up to you to embrace it.
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