You’ve probably seen it a thousand times: a suspect is arrested on TV, and they’re “read their rights.” They’re told that anything they say or do can be used against them and that they are entitled to a lawyer even if they can’t afford one. You’ve also probably seen a case get thrown out or a defendant win their case because the police officers didn’t read them their Miranda rights.
While some of what is depicted on television is accurate, this is not exactly how the legal system works. So, what are your Miranda rights, when are the police required to give them to you, and what happens if you aren’t read these rights?
What are Miranda Rights?
The Miranda warning – or Miranda rights – comes from a United States Supreme Court case, Miranda v. Arizona. The purpose of the Miranda warning is to ensure that anyone who is arrested knows exactly what their rights are. They give you the right to remain silent, the right to an attorney even if you cannot afford one, and the knowledge that anything you say to law enforcement and anything they observe you doing after the arrest can and will be used against you in a court of law.
Many people assume that if they try to explain something to the police, it will help the police understand what really happened, and it will ultimately help them should the case go to trial. This is almost never true. It is always advisable to have a lawyer present when you speak with law enforcement after you’ve been arrested.
What if I’m Not Read My Rights?
If you are not read your Miranda rights, this doesn’t mean you can’t be convicted of a crime. If you aren’t read your rights but you are questioned by law enforcement without the presence of a lawyer, this is a violation, and anything you say should be inadmissible in court, meaning it cannot be used as evidence against you.
Any evidence that is uncovered as a result of that statement is called fruit of the poisonous tree – it was only discovered because of the statement you made, which was in violation of your rights, so it should be inadmissible as well. However, if you were read your rights and you didn’t request a lawyer, anything you say to law enforcement after that is fair game, assuming they aren’t harming you or coercing you into making certain statements.
There’s a false misconception that your Miranda rights have to be spoken to you as soon as you’re arrested or the arrest isn’t valid, but this simply isn’t the case.
The only time you need to be read your Miranda rights is before law enforcement begins interrogating you.
Your case could end up being dismissed, or you could be found not guilty as a result of your Miranda rights not being read to you, but that’s simply because some evidence recovered and the statements you made can’t be used in court because you were questioned without receiving your Miranda warnings. It’s a possible outcome, but it’s not always a direct result of law enforcement failing to read someone their Miranda rights.
You Can Invoke Your Right to Remain Silent at Any Time
Another important thing to remember is that you can invoke your right to remain silent at any time while the police are questioning you. If you’re in the middle of an interrogation and you decide you don’t want to say anything else without your lawyer present, you can inform the police that you would like a lawyer. They are supposed to stop questioning you immediately and can only resume the interrogation once your lawyer shows up.
Learn More Info On Miranda Rights With Vinas & Graham, PLLC
Many people get into trouble because they simply don’t know what their rights are. If you’ve never encountered the criminal justice system, you might have no idea that you’re entitled to a lawyer even if you can’t afford one and that the police aren’t allowed to question you without your permission.
You also need to know that you have every right to remain silent until you have a lawyer present if you request one. If you were arrested and believe your rights were violated, criminal defense attorneys Vinas & Graham can help you. They have handled hundreds of criminal cases on both the defense and the prosecution sides, giving them a unique vantage point to your situation.
If you need assistance, don’t hesitate to get in touch. Call the law firm of Vinas & Graham today at 713-229-9992 for a private and confidential consultation or fill out the online contact form for a callback. You can also follow us on Facebook to learn more about our firm.
