Miranda Rights are the basic rights that a person has once they are arrested. While the term is familiar, some people may be unaware of what the Miranda Rights are and how they impact the court proceedings. It is important that people understand the Miranda Rights and how they can impact your criminal defense.
What are the Miranda Rights?
The basic outline of the Miranda Rights are as follows:
- The right to remain silent;
- The right to speak to an attorney at any point before or during questioning; and
- The right to a court-appointed attorney if a person can’t afford one.
When provided with these rights, an arrestee must also be informed that anything they say or do can be used in court. These rights are given to individuals in order to provide them with the opportunity to avoid further self-incrimination based on anything that they say or do throughout the arrest process. Sometimes, people assume that they have to answer certain questions simply because officers are authority figures. However, it is possible to remain respectful and compliant without self-incrimination.
What If You are Not Read Your Rights?
The Miranda Rights are a critical component of any arrest. However, if a police officer does not read you your rights, it does not mean that the arrest itself is invalid. In fact, officers can legally arrest anybody as long as they have probable cause to do so. If the Miranda Rights are not read during the arrest, even if the arrest is based on probable cause, what is said and done during the arrest may not be admissible in court. This can greatly impact the prosecutor’s ability to make a conviction. However, if you make voluntary statements even without being read these rights, those statements may still be used in court.
Things to Remember
It is important that people understand certain things about the Miranda Rights. For instance, the Miranda Rights are only in effect once a person has been arrested. Before the arrest, the officer does not have to read a person these rights. An officer may ask questions or gain other information without reminding a person of their ability to just remain silent throughout the questioning.
If you have questions about the proper usage of the Miranda Rights, reach out to a seasoned attorney who can help you through the legal process. Being arrested can be a challenging experience, but you can have someone in your corner to help. Defense attorney Scott Skier is located in West Palm Beach, Florida. He has years of experience working on various types of criminal cases and is up to the challenge for helping you through yours.