Anyone who is arrested for a crime would be well suited to exercise their Miranda Rights and stay silent until they can talk to their criminal defense attorney. While most people have heard the Miranda Warning given on TV shows and in movies, they often do not know the facts behind it. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
The Background of the Miranda Warning
Chief Justice of the Supreme Court, Earl Warren, wrote the Miranda Warning after realizing that police were too often interrogating suspects in such a way that they were intimidated or felt coerced into giving up rights they might not have even known they had. He found that generally the people who fell victim to these issues were poor and/or uneducated, which also meant they had less access to criminal counsel.
In 1966, the Supreme Court mandated that the Miranda Warning be read before a suspect was interrogated.
You Have the Right to Remain Silent
The Right to Remain Silent is given to every person through the Fifth Amendment. This particular amendment protects citizens from abuses of government authority. It says that no person can be compelled to act as a witness against themselves. This can mean that a witness is able to remain silent in court as well as when being questioned by the police.
Even if you are not guilty, it is best to remain silent. You never know how the wrong choice of phrase could end up being used against you and seen in a different way. If the police want to question you, ask them if you are under arrest or free to go. If they say you are being detained, then tell them you would like to use your right to remain silent. Do not talk to them further.
You Have the Right to an Attorney
The Sixth Amendment gives you the right to an attorney. The purpose of this amendment is to ensure that a person accused of a crime has a fair and speedy trial, and that they have an attorney if they want one. This is your right and we strongly recommend you exercise it. Once again, even if you are not guilty, evidence could be used against you.
You should always talk to an attorney if you are being questioned by the police or a prosecutor. Whether the alleged crime is a misdemeanor or felony murder, you have the right to an attorney and you deserve one. Contact Chambers Law Firm now at 714-760-4088 to request a legal consultation.
