When you are arrested, the United States Constitution grants you certain rights. These rights, known as your Miranda Rights, are designed to allow you to avoid incriminating yourself, and ensure you receive a fair and just trial in a court of law. Knowing these rights and how to use them is extremely important to your case, so on this blog, we take a closer look at them and discuss why they exist and how to use them.
The Complete List of Your Miranda Rights
What exactly are your Miranda rights? The name “Miranda Rights” comes from the famous Miranda v. Arizona Supreme Court decision handed down in 1966. The decision essentially states that law enforcement are required to read you a list of your Fifth Amendment rights when placing you under arrest, or else any evidence obtained cannot be submitted as evidence in court. These rights are:
- 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 appointed for you
Let’s look at these a little closer.
You have the right to remain silent. – This is the simplest of all of your Miranda rights, but arguably the most important, because it gives you the right to keep your mouth shut and refuse to answer any questions the police ask you. You have the right to not incriminate yourself, and you are well within your bounds to refuse to answer questions to exercise that right.
Anything you say can and will be used against you in a court of law. – This essentially serves as a fair warning to those being questioned that their testimony from that point forward is admissible as evidence in a case. However, you may still choose to remain silent.
You have the right to an attorney. – Almost as important as your right to remain silent, this means you have the right to have a lawyer present both in court and during questioning. This is strongly advised as your questioners are skilled at being able to get the answers they need. An attorney can help you avoid giving away any potentially incriminating evidence. Before you are subject to questioning, you are allowed to tell your questioners that you wish to have an attorney present, and you will be given time to acquire one.
If you cannot afford an attorney, one will be appointed for you. – If you do not have the financial resources to retain a criminal defense attorney, a public defender will be appointed for you at taxpayer expense. However, because these attorneys rarely have control over their caseload and do not get to choose their clients, you may not receive the best possible representation. It is strongly advised that you obtain private counsel for your case.
Attorney Kevin Moot of the Law Offices of Kevin Moot is a highly-qualified and experienced Weston criminal defense lawyer who may be able to assist you with your case. We represent clients across many different types of criminal cases, including theft crimes, violent crimes, drug crimes and more. When you retain our services, you can trust that we will be putting everything we can to work on behalf of your defense, including our years of knowledge and experience.To schedule your case evaluation, call the Law Offices of Kevin Moot today at (954) 371-0770.