If you have ever watched a tv show or movie that showed an arrest, you have most likely heard the Miranda Rights being read during that scene. We all know the basics of it, but let’s look at this warning a little more and then dispel some of the misconceptions.
The Miranda warning is simply an explanation of the person’s rights that are given before any interrogation can begin.
The Miranda Rights goes 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?”
If a person does not understand these rights, then it is in their best interest to speak up and say so and have it explained to them. Once it is understood, my best advice is to politely stop talking. Do not explain anything or make any remarks that may be used against you in a court of law. Stop talking and call an attorney.
In 1963 Ernesto Miranda was arrested and charged with the kidnapping and rape of a woman as he had a prior record as being a peeping tom. He confessed to the crime but soon recanted saying he was forced and coerced into confessing by law enforcement. He was found guilty, but the ACLU picked up his case and appealed it. In Miranda v. Arizona (1966) the Supreme Court found that his Fifth Amendment rights had been violated.
The Fifth Amendment to the United States Constitution covers several issues, which include the right to a due process, double jeopardy, and more. It is significant to this case because it protects the individuals from self-incrimination. Ernesto Miranda was re-tried and once again found guilty – but the Miranda Rights were born.
An arrest can occur without the suspect being Mirandized, and if the police later decide to question the suspect, the rights will be read at that time. A person may still be asked common information such as name and age, and can be searched for the safety of the officer during the process.
DID YOU KNOW? It is a myth that if a person is not read their rights that they will not be found guilty of any charges. It only means that the self-incrementing confession may not be used against them. It has nothing to do with protecting them against the punishment as a whole.
If you are arrested and read these rights, please take this advice, and do not say anymore. Call us immediately at The Law Offices of Travis Koon. We are defense attorneys in Lake City, FL with offices located in Lake City, Gainesville, and Miami. Before you tell your side of the story, always call and attorney and tell it to us first.