If you are arrested or stopped by the police, do you know what to do? Do you know what to say? Are you aware of your rights?
Most people are familiar with Miranda Rights to some degree. But in the heat of the moment – during an arrest or while being taken into police custody – how much does the average person remember?
Let’s take a look at Miranda Rights and what they mean for a suspect.
What are Miranda Rights?
A Supreme Court case in 1966 – Miranda v. Arizona – decided that a person who is taken into police custody must be reminded of his or her Fifth Amendment right which protects an individual against self incrimination.
Whenever an individual is taken into police custody, he or she must be told the following four things:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have the right to an attorney
- If you cannot afford an attorney, one will be appointed for you
It is beneficial for a suspect to be aware of these rights. During an arrest, many may be tempted to explain the situation, hoping that the police will understand. But it is important to remember that the police are not on the suspect’s side.
What happens when the police fail to read a suspect his or her Miranda Rights?
The police are required to read a suspect’s Miranda Rights. But there are times when this doesn’t happen – either by error or another reason.
When a suspect is not read Miranda Rights and statements or confessions are made, that information cannot be used against the suspect. It is considered involuntary and may be thrown out.
Free criminal defense consultation: If you have been charged with a crime and wish to speak to a criminal defense lawyer from The Gonzalez Law Group, PLLC, please call 832-530-4070.
