Miranda RightsPosted December 26, 2011 Information
“You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?”
Most people are familiar with the above warning as it is often used in movies, books, and television. That being said the Miranda Warning is one of the often misunderstood aspects when an individual is under suspicion of a crime or ultimately arrested. The police only have to read you your Miranda Rights in isolated situations, and not everyone is entitled to being read Miranda if they are arrested. One is entitled to the reading of Miranda if (1) they are in custody and (2) are subject to interrogation by law enforcement. That being said, the custody and interrogation elements are rarely crystal clear and many times a lawyer will challenge the fact that police did not read Miranda and attempt to get any statements volunteered by the Defendant thrown out. Also, police must secure a knowing and voluntary waiver of an individual’s Miranda Rights if the wish to proceed; a mere reading of Miranda is not enough!
The Miranda Warning arose out of the 1966 United States Supreme Court Case, Miranda v. Arizona, where a man was convicted after he signed a confessionary statement after several hours of intense interrogative questioning where he never had the assistance of a lawyer. Although Miranda has been around since 1966 police continue to run afoul of this important protection, and aggressive lawyers like myself must keep them honest. Miranda issues often arise in the following types of crimes: Drug Possession, sale, and distribution, sex crimes, white collar crimes i.e. fraud and embezzlement, manslaughter and other capital crimes.
Contact Miranda Rights Defense Lawyer, Ryan Yadav, 24 hours a day 7 days a week, for a free consultation if you have been charged, accused, or are under investigation for any crimecomments powered by Disqus