“You have the right to remain silent. Anything you say can and will be used against you in a Court of Law.” Many of us recognize this statement as the beginning of the “Miranda Rights.” As established in the United States Supreme Court case Miranda v Arizona. The Miranda Rights must be read to someone before being questioned by the police. The court case established that statements made by a suspect are admissible in a court of law only if the suspect was made aware of their legal rights while in custody.
If you were recently arrested and were not read your Miranda Rights, it is vital that you share this information with your attorney. If the arresting officer did not recite your Miranda Rights during arrest, your lawyer can attempt to keep any incriminating statements you made out of the courtroom. If you are currently facing charges on a misdemeanor or felony offense, you should have the best legal representation possible. LEWIS & DICKSTEIN, P.L.L.C. is one of the most trusted legal teams in Michigan, with a proven track record of success.
What are my Miranda rights?
The Miranda Right can be broken down into four parts; the right to remain silent, anything you say can and will be used against you in court, you have the right to an attorney during questioning, and the right to a court-appointed attorney if you cannot afford one. Many citizens are unaware of their rights. Individuals who are familiar with their legal rights are often times caught up with the emotional distress of being arrested that they either don’t remember if they were read their Miranda Rights, under what circumstances, and at what time throughout the arrest process. Hiring a seasoned attorney will help you form a pragmatic, methodic defense.
Police officers often take shortcuts when it comes to informing suspects of their rights. In a recent case, a suspect was advised he had the right to an attorney but the officer did advise the defendant that he had the right to an attorney “during questioning.” The Supreme Court found the Miranda warning to be invalid and suppressed the incriminating statement. Without a top criminal defense lawyer, this small nuance would have been missed and this defendant would be in prison.
What is the law concerning Miranda Rights?
When are you supposed to be read your miranda rights? Under the law, “Miranda Rights” must be read if you are to be asked any questions by police while in custody. If an officer has approached you on the street and engages you in conversation or pulls you over for a routine traffic stop, Miranda Rights will not be read. The moment you are handcuffed by an officer and/or placed in a cop car, you should be read “Miranda Rights” if the officer intends to question you. If you are in custody and a detective attempts to ask questions, he has to give Miranda Rights or any answers given will not be admissible in court. There are scenarios where Miranda Rights do not apply.
What should I do if asked questions by the police?
You should immediately invoke your right to remain silent and demand an opportunity to hire a lawyer. If there is any reason to talk to the police, that is a decision that can be made at a later time and with expert legal counsel. There is no rush to talk to the police! In the event an officer makes a threat to keep someone in jail unless they talk, this is even more of a reason not to trust the officer and to demand a lawyer. If you are read Miranda Rights, the best course of action is to not speak to police.
Should you talk to the police if you are not guilty?
No! The sad reality is that police are not seeking to find the truth, they are attempting to build a case. In addition to the words you might use when answering questions, ever gesture, eye movement, nod of your head, and the tone of your voice will be scrutinized. Even though you may deny involvement in a crime, the officer may say you acted suspicious or nervous or that you made inconsistent statements. In many cases, an officer can misinterpret an innocent answer or, worse, lie about something a suspect said while in custody. Think about it, the Miranda warning is that anything you say, “can and will” be used against you. Never talk to the police alone!
Protecting and Defending the Accused
LEWIS & DICKSTEIN, P.L.L.C. is one of the top legal defense teams in Michigan and stands ready to defend your freedom in state and/or federal court. Call us today at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you. We will find a way to help you.
“We will find a way to help you and, most importantly,
we are not afraid to win!“
– LEWIS & DICKSTEIN, P.L.L.C.