There’s no doubt that you’re familiar with the phrase, “You have the right to remain silent.” You may have heard this line in movies or television shows and you may have tossed it around while joking with friends, but there are a few more lines to the statements and they are very important when it comes to criminal proceedings.
Miranda Rights came about in 1966 as a result of the U.S. Supreme Court case of Miranda vs. Arizona. This was put into place to protect a suspect’s Fifth Amendment rights, primarily the right to not self-incriminate. Any arresting law enforcement officer must administer these rights after a suspect has been arrested, and the officer must ensure that the suspect understands these rights. If the suspect does not speak English, then the Miranda Rights must be translated to them in a language that they can understand.
Here are the most important points of Miranda Rights:
- 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.
Things you should know about Miranda Rights
It’s important to keep in mind that Miranda Rights don’t go into effect until after you have ben arrested. If you are questioned by law enforcement prior to an arrest, the information collected may be admissible in court as long as the law enforcement officer tells you that you are free to leave at any time, and any statements you make must be voluntary.
If no Miranda Rights are given when you are arrested, any statement or confession that is involuntarily made cannot be used in court. Additionally, any evidence collected as a result of an involuntarily made statement will be thrown out.
However, if a suspect is arrested and no Miranda Rights are given and the suspect makes voluntary or spontaneous statements to law enforcement, those statements may be used against the suspect in a court of law.
In any case when you are arrested, you should contact an experienced defense attorney who can advise you on avoiding self-incrimination following your arrest. If you think your Miranda Rights have been violated, it’s a good idea to consult with your attorney because it’s possible that you case may be impacted due to the violation of your Fifth Amendment rights. A violation of Miranda Rights could possibly mean a dismissal of charges. Give Russell Spatz a call today at (305) 442-0200 to discuss your case.