By robinjohnso19628844, Jul 17 2017 07:41PM
“You have the right to remain silent” is a phrase that is often used in movies and TV shows during an arrest. But, these Miranda rights aren’t just for Hollywood, because police officers offer this warning when they are taking criminal suspects into custody.
What are Miranda Rights?
The “Right to Remain Silent,” also known as Miranda Rights, are shared with potential suspects to help the person know that he is protected against self-incrimination. In 1966, Miranda v. Arizona was a case where this criminal procedure rule was put into place. The Supreme Court ruled in 1966 that whenever a person is taken into custody, he must be informed of his Fifth Amendment rights before being questioned.
There are several pieces of information that should be disclosed before a suspect is questioned:
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be appointed for you
If a police officer in the United States fails to give this warning before questioning when the suspect is detained, meaning not free to leave, then any confession or statement cannot be used against the suspect in the case. The officer does not have a specific script that needs to be followed. But, the substance of the Miranda Rights needs to be communicated in a clear manner to the suspect. In the situation where a language barrier hinders the understanding of the suspect, it is necessary to have the rights translated so that the individual understands the message.
Right to an Attorney
Any time the Miranda Rights have been read, it is best not to say a word until an attorney is present. A criminal defense attorney will protect the rights of the suspect, ensuring that he gets a fair trial and legal proceedings.
For top-notch legal advice, contact Robin Johnson to learn more about the rights that are available for suspects in custody. Call anytime to request the services of an experienced attorney who can help with a criminal case.