Miranda- Know Your Rights

What are the "Miranda" Rights?

In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. As a result of Miranda, anyone in police custody must be told four things before being 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.

Read the historic U.S. Supreme Court decision: Miranda v. Arizona.

What if the Police Fail to Advise Me of My Miranda Rights?

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

For example, suppose you are arrested and, without being read your Miranda rights, you’re questioned by police officers about a bank robbery. Unaware that you have the right to remain silent, you confess to committing the robbery and tell the police that the money is buried in your backyard. Acting on this information, the police dig up the money. When your attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against you, but so will the money itself, because it was discovered solely as a result of the unlawful confession.

For more information please contact me at 1 (866) DUI-BUST (384-2878) or visit my website at www.drunkdrivinglawyer.com.