Do You Know Your Miranda Rights?

So, you’ve been arrested for a crime. As you’re being handcuffed, you’re expecting to hear those magic words that we always hear on TV. “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 the presence of an attorney, and if you cannot afford an attorney, one will be appointed for you prior to any questioning.”

However, the officer never reads them. You’re brought to jail, booked, and put in a cell. Still, you never hear those magic words. What does this mean? Will your case need to be dismissed because the officer never read you your rights?

Were Your Miranda Rights Violated

The answer to this question is not as clear as TV would have you believe. The Fifth Amendment to the United States Constitution guarantees the right to remain silent. An individual cannot be compelled to incriminate themselves. The Sixth Amendment guarantees the right to an attorney in all criminal proceedings.

In the United States Supreme Court Decision, Miranda v. Arizona, the court ruled that, prior to any custodial interrogation, the State must inform the individual being interrogated that they have the right to remain silent, that anything they say can be used against them, and that they have the right to an attorney.

What’s Next

So, what does this mean in the above scenario? The short answer is that it likely doesn’t mean anything. While under certain circumstances the police are required to read an individual their rights, it is not always required. Simply being placed under arrest does not trigger the requirement to read those rights. If, however, after arresting someone an officer starts asking questions to the person, the requirement is triggered.

Simply put, if you are placed under arrest or in a custodial situation, your rights must be read before you can be questioned. If you are just simply placed under arrest, but not questioned at all, it is not required that your rights are read.

This area of the law is very confusing, and TV and movies make it all the more confusing. If you have been arrested and are wondering if your rights have been violated, it is imperative that you hire an experienced criminal defense attorney. You need to have someone making sure that you are being protected by the rights you are guaranteed in the constitution. Call Cody M. Wright today to set up your free consultation.