The Truth About Miranda Rights

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Courtroom_NovaLegalGroupOne of the most common questions that we at NovaLegalGroup get is “What happens is the officer didn’t read me my Miranda rights?”  It’s a great question but the answer is not what you may think.  In 1966, the landmark case of Miranda vs. Arizona held that the admission of an elicited incriminating statement by a suspect not informed of their rights violates the Fifth Amendment and the Sixth Amendment right to counsel.  I am sure you have heard them on TV but the rights that law enforcement must read to a suspect are as follows:

“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. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Thus, if law enforcement officials decline to offer Miranda warnings to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but they may not use that person’s statements as evidence against him or her in a criminal trial.  The key here is that the person must be in custody and they must be being interrogated.  If you just spontaneously blurt out a statement that was not pursuant to police questioning, or, if you are not in custody, then Miranda does not apply.  If law enforcement does not inform you of your rights under Miranda then the statements that you make while in custody and while being interrogated cannot be used against you when you go to court.  Keep this is mind if you ever find yourself being questioned by the police.

The attorneys at NovaLegalGroup, P.C. have over 30 years of experience in successfully handling thousands of Reckless Driving charges, as well as thousands of other criminal and criminal traffic charges.  Contact us today for a Free Case Evaluation!  Remember, “DON’T BE A VICTIM…FIGHT BACK!”

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