You have rights that must be protected when you come under investigation for criminal wrongdoing and are charged with a criminal offense. Although law enforcement and prosecutors are supposed to protect those rights, all too often they trample them. And if you don’t act to protect your rights and your future, then you could end up facing conviction and severe, life-changing penalties all because the police messed up. Some of those rights that you should be aware of and act to protect are referred to as your Miranda rights.
What are your Miranda rights?
To keep it simple, the term “Miranda rights” refers to certain rights you have when you are arrested. These include the right for you to remain silent and the right to have an attorney present during questioning. While the police are required to inform you of these rights once they place you under arrest, it’s important to note that the police only have to inform you of them when you’re subjected to custodial interrogation.
Therefore, to try to get around advising you of these rights, the police might try to ask you questions in an informal setting. Don’t let them trick you like that. It’s best to exercise your right to remain silent, and you should turn to your attorney for assistance as soon as you think you’ve come under investigation.
What if you aren’t advised of your Miranda rights?
If the police fail to inform you of your rights prior to custodial interrogation, then any subsequent statements that you make could be blocked at your trial, even if you made a full-blown confession. That’s how serious the courts take these rights.
So, if you have questions about whether you were properly advised of your rights and whether the police violated those rights to your detriment, consider discussing the matter with your criminal defense attorney. By doing so, you’ll hopefully develop a plan to suppress damaging evidence and beat the prosecution’s case.