There is no doubt that you are familiar with Miranda Rights, even if you
do not know them by name. Have you ever watched a television show where
a police officer makes an arrest, and as they slap the handcuffs on the
accused criminal state “You have the right to remain silent. Anything
you say can and will be held against you in a court of law”? This
is the Miranda Warning, a legally mandated script that officers must read
to those they arrest in order to inform them of their rights.
After an arrest, police must read the Miranda Warning in order to let you know:
- You have the right to remain silent;
- Anything you do say is not protected and can be used as evidence in court;
- You can request that a lawyer is present during any police questioning; and
- An attorney will be appointed to you if you cannot afford one.
It is a common misconception that you will be let off on charges if police
do not read you your Miranda Rights. This is not the case. If Miranda
Rights are not read, then the prosecution is generally unable to use anything
said by the suspect as evidence in trial.
Arrested? Hire a Kansas City Criminal Defense Attorney
Just because you have been accused of a crime does not mean that you are
guilty, and you remain protected by the United States Constitution. One
of our basic rights is the right to freedom, and when you are detained
or in custody, your freedom is restricted. In order to ensure a fair trial
and prevent abuses of power, police must inform you of your rights to
prevent you from being misled in their intentions or prevent you from
being coerced into answering something that you would not otherwise have
done. However, if you have not been formally arrested, police can still
use what you say against you. When dealing with law enforcement, your
best bet is to invoke your Fifth Amendment right to silence until you
speak with a criminal defense lawyer. Anything you say to law enforcement,
whether under arrest or not, can either be used as evidence against you
in court or as justification to make an arrest.
While being arrested can make anyone feel defeated, you must remember that
you have rights and privileges afforded to you under the law. Millikan Wright, LLC is here to make sure that all of these protections
are upheld and you are not being taken advantage of by police. Before
speaking with police or if you need experienced representation,
contact our offices right away.