Most Californians have heard of Miranda Rights but they often only know them from crime shows or movies. The truth is that your Miranda Rights are incredible important. At Chambers Law Firm, we invite you to read on to learn more about what they are and then contact us at 714-760-4088 for a free case evaluation.
Miranda Rights are related to your right not to incriminate yourself
Miranda Rights must be given to anyone who’s in custody and is being interrogated by an agent of law enforcement. The Fifth Amendment of the U.S. Constitution ensures that we all have the right to incriminate ourselves and the Miranda rights stem from this amendment. The name comes from the case in which the Supreme Court first agreed that these rights are necessary: Miranda v. Arizona.
Understand what your Miranda rights are
There isn’t a particular order that Miranda rights must be given in, but most people know them in this order:
- The right to remain silent.
- Anything you say or do may be used against you in a court of law.
- You have the right to consult with an attorney before you speak to the police.
- You have a right to have an attorney present during question now or in the future.
- If you’re unable to afford an attorney, one will be appointed to you before you’re questioned, if you wish.
- If you decide to answer questions without an attorney present, you have the right to stop answering at any time and then consult an attorney.
The law enforcement agent then asks the person in question if, now that they know and understand their rights, they are still willing to answer questions without their attorney.
When Miranda Rights are given, the person in question can decide to remain silent and doesn’t have to answer questions. If a person has given a statement, made any type of admission, or confessed to anything while in custody and while being interrogated – but without Miranda rights being read – then that statement, confession, admission, etc. is not admissible in court.
This doesn’t mean Miranda Rights are required every time you speak to a police officer
Many people believe that any time you’re talking to a police officer, they must read you your rights before questioning. The truth is that your criminal defense attorney will tell you that in order for the law enforcement agent to be required to read them to you, you must be in custody, you must be actively interrogated, and the questioning must be done by someone who’s employed by a government agency.
What if your Miranda Rights are violated?
If you believe your Miranda Rights were violated then you need to reach out to Chambers Law Firm at 714-760-4088. If they were, then anything you said to the police may be inadmissible. Whether you’ve been charged with insurance fraud, stalking, trade secret theft, or anything else, if you weren’t read your rights then you may be able to have the evidence against you thrown out. Call right away for your free case evaluation.
