Almost everyone who has a TV and a vague understanding of how our legal system works has heard of Miranda Rights, even if the understanding might be misled. Most Americans have at one time or another heard the words, "You have the right to remain silent," either from TV shows or other forms of media. Cop dramas almost never state the full Miranda Rights and most people do not fully understand when these warnings are implemented or why. Because of this, there is a misconception that if you are arrested and an officer does not recite the Miranda warnings, you can use that as an argument to get your case dismissed. This is far from true. Our Orange County criminal defense attorney explains what you need to know about your Miranda Rights and how they are really implemented in the legal system.
What Exactly Are Miranda Rights?
In 1966, numerous cases involving interrogations resulted in admissions and written statements because the defendants did not know about their rights during the interrogation process. The Supreme Court ruled that collecting this self-incriminating evidence while the suspect was unaware of his or her rights was unlawful. The Miranda warnings are serious of statements that law enforcement officers use in order to remind suspects of these rights.
The Miranda Rights state that:
- You have the right to remain silent
- Anything you say can 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 to you
- You can invoke your right to remain silent during an interrogation
- If you invoke your right to remain silent or your right to an attorney, the interrogation must stop or stop until the attorney is present
These warnings are issued in two specific situations: when the suspect is in police custody and when the suspect is under interrogation. Any other time, the police do not have to issue these warnings.
Reality vs. Myth
Just because an officer does not read you the Miranda warnings does not mean you get a "get out of jail free" pass. In actuality, it means that the police simply cannot use anything you say as evidence against you in court. Without your rights being recited, anything you say that is self-incriminating cannot be used against you. Furthermore, anything that you say that leads to further evidence also cannot be used in court. Once the rights have been read and you have verbally accepted them (silence does not count as a confirmation), then what you say may be used in court.
Invoking Your Rights
It is imperative that if you are arrested you take full advantage of your rights. Do not answer questions and request an attorney. Because anything you say can be used against you, it is imperative to say nothing, even if you think it is harmless. Our criminal defense firm can assist you through your arrest and ensure that you are using your rights to protect yourself.
Miranda Warnings Protect Defendants’ Rights
People in California may know that police are supposed to read them their rights in the case of an arrest, but they may not be aware of just how significant these Miranda rights can be. The standard warning was developed after a 1966 Supreme Court case that determined that people arrested by police must be informed of their rights against self-incrimination under the Fifth Amendment when they are taken into custody. While the warnings are well-known, partially because they are frequently featured on police TV shows, they provide a concise summary of constitutional protections afforded to those charged with a crime.
People arrested on criminal charges must be advised that they have the right to remain silent, that their words may be used against them in court, that they have the right to a lawyer, and that an attorney will be appointed for those who cannot afford one. The words of the warnings matter because they serve as an official notification that arrested people do not need to speak to the police and can request a lawyer, no matter what other techniques the police may use to extract a confession or other information.
When police fail to provide Miranda warnings as required by law, this can seriously affect a criminal case. People who do not receive these warnings may have any confessions or statements they make thrown out of court based on a coerced or involuntary confession. Other evidence obtained due to the inadmissible confession might also be excluded from the trial.
People who are arrested by police may feel overwhelmed and unable to speak up for their rights. A criminal defense attorney may work to protect defendants' rights and advocate to prevent a conviction.
Miranda Rights and Criminal Arrests
You have the right to remain silent...If you have watched any television shows or movies where someone was arrested, you probably have some familiarity with this phrase. This is just the beginning of the Miranda warning, which must be given by law enforcement officers when they take a suspect into custody. The full warning includes information about a suspect's right to legal counsel and warns the suspect that anything he or she says can be used against him or her in court.
How did the Miranda warning come about, and what impact may it have on criminal cases? These are the answers that we will address here in this blog. You can also find out about a particular case and your rights by contacting our firm for a confidential case review with an Orange County criminal defense lawyer, who will be happy to offer insight based on your unique needs.
First, let's take a brief look at the history of the Miranda warning. The roots of this issue can be traced back to June 13, 1966, when the Supreme Court handed down a decision in the case Miranda v. Arizona finding that suspects must be informed of their specific legal rights when arrested. The decision was based on a case where the defendant, Ernesto Miranda, was accused of robbery, kidnapping, and rape. Though the details have never been fully confirmed, Miranda was arrested and interrogated, at which point he confessed to the crime. He later recanted his confession, but he was tried and convicted.
The American Civil Liberties Union then took up Miranda's case and an appeal was filed on the basis that his confession was coerced and false. The Supreme Court subsequently overturned the conviction and found that suspects must be informed of their rights prior to interrogation.
Miranda was later retried and convicted in October 1966, but the Supreme Court's decision regarding arrestees' rights remains in force to this day.
Today, each state has its own variation of Miranda rights, which must be read by law enforcement when a suspect is taken into custody. Though the wording may vary slightly from jurisdiction to jurisdiction, the general outline is as follows:
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 provided to you. Do you understand these rights as I have read them to you?
The Miranda warning protects a suspect from self-incrimination, much like the Fifth Amendment to the U.S. Constitution. With the decision in Miranda v. Arizona, it was officially established that suspects must be informed of their specific rights, as Miranda had claimed that he did not know he had the right to refuse to answer questions after he was taken into custody for interrogation.
It is important to remember that you must still answer certain questions if you are arrested, like your name, age, and address. It is also important to be polite and cooperative, while still exercising your Miranda rights to the fullest extent. Remember, even if you believe you are innocent, you may unintentionally say or do something that only provides law enforcement with information or evidence that could be used against you later on. Remain silent and invoke your right to an attorney.
If you have been arrested in the Orange County area, consider involving a criminal defense attorney at the Law Offices of Jacqueline Goodman. We are experienced and fight tirelessly for our clients, both inside and outside of the criminal courtroom. Call us sooner rather than later and let us start working to protect your rights to the fullest extent of the law.
Contact The Law Offices of Jacqueline Goodman today and invoke your right to an attorney.