What Are Miranda Rights and When Do They Apply?
You’ve probably heard Miranda rights in cop dramas. You might even be able to recite them by heart. But what exactly are these rights? Where do they come from, when do they apply, and what happens if your rights have been violated? An experienced Indianapolis criminal defense lawyer from The Criminal Defense Team of Baldwin Perry & Wiley PC can explain.
Where Miranda Rights Come From
Miranda rights were established by the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966). The Court held that criminal suspects must be informed of their constitutional rights before law enforcement interrogates them. Specifically, the rights are derived from the Fifth Amendment to the United States Constitution, which states that someone cannot be compelled to be a witness against themselves. These rights protect individuals from self-incrimination and ensures they have access to legal counsel when questioned by police.
Your Rights Under Miranda
The rights that must be recited to you as part of the Miranda rights are the following:
The Right to Remain Silent
You have the right to remain silent during police questioning. You cannot be forced to answer police questions. You are not obligated to speak to the police and can leave if you have not been arrested.
The right to remain silent does not prevent law enforcement from using any statements you make against you if you choose to speak even though you have the right to remain silent. Likewise, if you have invoked your right to remain silent but spontaneously make a statement without being prompted, such statements could still be used against you.
The Right to Be Free from Self-Incrimination
Police inform you during your Miranda rights reading that “anything you say can and will be used against you.” You cannot be forced to admit to a crime or to testify against yourself at trial. Because your statements can be used as evidence against you, it’s essential that you exercise your right to remain silent and request an attorney.
The Right to an Attorney
Law enforcement must also inform you that you have the right to an attorney and that if you can’t afford one, that one will be appointed for you. However, there are benefits to hiring a private lawyer, so consider this carefully when requesting a particular lawyer.
When Do Miranda Rights Apply?
Miranda rights generally apply when a person is in police custody. That could mean different things, including being under arrest, being interrogated, or being held in a way that you are not able to freely leave.
What Happens If Your Miranda Rights Are Violated?
Any statements you make after you requested an attorney when police were required to read Miranda rights can be inadmissible in court, so it will be as though you never made the statements. If police failed to provide you with Miranda warnings, they may not be able to use any statements you made to them as evidence against you.
Contact Us Today to Learn More About Your Miranda Rights
If you are concerned that your Miranda rights were violated, contact The Criminal Defense Team for a confidential consultation.