Understanding Your Miranda Rights

When watching a television show involving police officers, you may have seen an officer read a person their Miranda Rights. This typically happens when a person is under arrest. However, it can be difficult to comprehend what exactly is going on as everything is happening so quickly, and you have to remember that it is only a television show. It is extremely important for every American citizen to know and understand their Miranda Rights and how they work in real life.

What are Miranda Rights?

According to Cornell Law School, Miranda Rights are “the warnings that a police officer is required to give to a detainee.” These constitutional rights were established in the 1966 Supreme Court decision for Miranda v. Arizona. Here are the specific rights included in your Miranda Rights:

• You have the right to remain silent: The Fifth Amendment gives you the right to remain silent. This means that you do not have to say anything, answer anything, or talk about anything with the officers.
• Any statements you make may be used against you in court: If you decide to discuss or speak about anything with the officers, you must know that any statements or information given may be used against you at your court hearing. Therefore, even if you make a slight remark about being at the scene of the crime, the officers will be able to use that statement to show that you were at the crime scene when the incident occurred.
• You have the right to consult with an attorney and request that they be present with you when answering any questions: The Sixth Amendment ensures that you have the right to a lawyer if you need or want one. This means that you can wait to speak and discuss anything with the officers until your lawyer is present.
• You have the right to a lawyer even if you cannot financially afford one. One will be provided to you: If you cannot afford to hire your own attorney, you can still be provided with one to assist you through the legal process. All you have to do is let the officer know that you want an attorney, and the court will assign one to you.

Depending on your state and law enforcement agency’s practices, the language of these Miranda Rights may vary. However, after an officer goes over your rights with you, they must ask you if you understand them. While you do have the right to remain silent, you will need to at least provide a simple “yes” or “no” when asked this question.

Why is it important for the police officer to read my Miranda Rights?

Reading your Miranda Rights is important because it ensures that the police officer does not forget to inform you of your rights. It also prevents them from using their power or authority to overstep your rights.

If an officer goes against your Miranda Rights by taking you into custody and asking you questions even though you have requested a criminal defense attorney, any statements you make or answers you give will be considered involuntary statements and could possibly be excluded from your court hearing. This means that if any evidence or information is uncovered during this involuntary discussion, it may not be used during your trial.

An officer must follow the law and respect your Miranda Rights. If they fail to do this, your Manchester criminal defense lawyer will use their experience, knowledge, and skills to show that your Miranda Rights were not provided, which could impact the prosecutor’s ability to convict you of any crimes.

This small feat can actually make the prosecutor’s job a lot more challenging. For example, when the prosecutor cannot use specific information or evidence to back up their facts or statements, they may have no other choice but to negotiate a plea deal or even agree to a sentence that is less serious than originally planned. Depending on how your case turns out, the prosecutor could also become aware of the fact that the involuntary evidence and information offered the only way they were ever going to be able to convict you, which means that the case could be completely dismissed.

Are law enforcement officers always required to read your Miranda Rights?

Law enforcement officers are not always required to read you your Miranda Rights. There are typically only two scenarios in which officers must always read a person their Miranda Rights, which include:

• If the police officer arrests a person and takes them into custody
• If the individual starts being questioned, interviewed, or interrogated while in custody

If you have not been officially taken into police custody and are not being interrogated, the law enforcement officer does not have to read your Miranda Rights to you. This means that an officer is not required to read your rights if you are stopped or pulled over for speeding, running a stop sign, or failing to wear a seat belt. It also means that you do not have to be read your Miranda Rights if an officer stops you on the street and asks you certain questions that may help keep the community or another person safe. They are only obligated to read your Miranda Rights if you are in police custody and getting ready to be interviewed, questioned, or interrogated while in their custody.

The criminal defense lawyers at Barry, Taylor & Levesque are ready and available to protect your constitutional rights. If you believe that your Miranda rights were not provided or clearly explained, please call our office or complete our contact form. We offer consultations to clients in Hartford and Manchester, CT, and can help you with various legal matters today.