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Understanding Your Miranda Rights: What You Should Know When Arrested

When you are arrested or taken into custody by law enforcement, one of the first things you may hear is the recitation of your Miranda rights. These rights, established by the U.S Supreme Court in Miranda v. Arizona, are meant to protect you from self-incrimination during police interrogations. Although you’ve likely seen these rights recited in countless TV shows and movies, many individuals still misunderstand their true significance and how they can impact a criminal case.

Understanding your Miranda rights is crucial because what you say to the police can have a lasting impact on your defense. So can hiring the right criminal defense attorney as soon as possible. Call Combs Waterkotte immediately at (314) 900-HELP to schedule a free, confidential consultation. Our expert criminal defense lawyers have over 40 years of experience and have successfully handled more than 10,000 cases just like yours.

What Are Miranda Rights?

Miranda rights stem from the Fifth and Sixth Amendments. The Fifth Amendment guarantees your right to remain silent and protects against self-incrimination, while the Sixth Amendment provides the right to legal counsel. When police arrest you, they are required to inform you of these rights before they begin any form of interrogation.

Here is the standard wording of the Miranda warning:

  • 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 provided for you.

These rights are designed to ensure that you are aware of your constitutional protections when being questioned by law enforcement and that you do not inadvertently incriminate yourself without fully understanding the consequences.

When Do Miranda Rights Apply?

A common misconception is that Miranda rights must be read at the moment of arrest. However, law enforcement is only required to inform you of your Miranda rights when two specific conditions are met:

  1. You are in custody: This means you have been formally arrested or are otherwise deprived of your freedom in a significant way.
  2. You are being interrogated: Interrogation refers to any direct questioning by law enforcement that is likely to elicit an incriminating response.

If both of these conditions are present, law enforcement must read you your Miranda rights before beginning interrogation. If they fail to do so, any statements you make during the interrogation may be inadmissible in court. However, if you voluntarily offer information to the police without being questioned, or if you are not in custody, your statements may still be used against you. 

What Happens if Miranda Rights are Violated?

If the police fail to inform you of your Miranda rights before questioning you while in custody, the statements you make cannot be used against you in court. This is called the exclusionary rule. However, this doesn’t necessarily mean that your case will be dismissed. The prosecution may still use other evidence against you, and they may argue that your statements were obtained lawfully if they were made voluntarily or outside of custodial interrogation.

Here, the importance of a Combs Waterkotte criminal defense attorney is evident. Your lawyer can evaluate whether your Miranda rights were violated and work to suppress any unlawfully obtained statements. In some cases, challenging the admissibility of such evidence can be a critical component of your defense strategy.

How to Invoke Your Miranda Rights

Invoking your Miranda rights is a crucial step in protecting yourself during an arrest or investigation. Here’s how you can exercise these rights:

  • Right to Remain Silent: To invoke your right to remain silent, clearly and unambiguously state you do not wish to answer any questions. For example, you can say, “I am invoking my right to remain silent.” Simply staying silent is not enough to invoke this right, as police may continue to question you unless you explicitly assert it.
  • Right to an Attorney: To invoke your right to legal counsel, clearly state that you want a lawyer present. You can say, “I want to speak to a lawyer.” Once you request an attorney, the police must stop questioning you until your lawyer is present.

Remember, you are not obligated to provide any statements to the police beyond basic identifying information like your name. The best course of action is to invoke your right to remain silent and wait for legal representation. The Combs Waterkotte legal team is available 24/7. Call (314) 900-HELP.

Common Myths About Miranda Rights

There are many misconceptions about Miranda rights, some of which can lead to serious legal missteps. Here a few myths and the facts behind them:

Myth 1: If the police don’t read you your Miranda rights, your case will automatically be dismissed.

  • Fact: Failure to read Miranda rights only affects the admissibility of statements made during custodial interrogation. It doesn’t automatically lead to the dismissal of charges.

Myth 2: If you talk to the police after being read your Miranda rights, you can always retract your statements later.

  • Fact: Once you waive your Miranda rights and make statements, those statements are usually admissible in court, even if you later change your mind

Myth 3: If you’re innocent, you don’t need to worry about Miranda rights.

  • Fact: Even innocent individuals can inadvertently say things that harm their defense. Miranda rights protect everyone, regardless of guilt or innocence.

Miranda rights are a fundamental part of our legal system, designed to protect you from self-incrimination and ensure fair treatment during police interrogations. The best way to protect yourself when facing criminal charges is to remain silent and request an attorney.

A skilled Combs Waterkotte criminal defense lawyer will guide you through the legal process, make sure your rights are upheld, and work to secure the best possible outcome in your case. Call (314) 900-HELP now for a case review.


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