If you are arrested for a crime, it is almost always in your best interests to exercise your Miranda Rights
“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 with me?”
We’ve all heard the words of the Miranda Warning, whether it’s on TV or in person at the scene of an arrest. But do you really understand your Miranda Rights, and are you prepared to exercise them if you are arrested by the police?
Origins of the Miranda Warning
The Miranda Warning was written by Supreme Court Chief Justice Earl Warren, who recognized that police interrogations were often conducted in such a way that suspects were intimidated or coerced into forfeiting rights they may not have even known they had. It was typically poor or uneducated suspects who were affected, as more sophisticated suspects already knew to keep silent and ask for a lawyer. In an effort to protect all suspects, the Supreme Court mandated the reading of the Miranda Warning in 1966.
The Right to Remain Silent
The right to remain silent is guaranteed by the Fifth Amendment. This Amendment sets out protections against abuse of government authority and states that an individual may not be “compelled in any criminal case to be a witness against himself.” This can be interpreted to mean that a suspect can remain silent under police questioning as well as in court if speaking would cause them to make an admission of guilt. Since you may not be sure what kinds of information may be used against you later, it’s best to remain silent until you have an attorney present.
The Right to an Attorney
The right to counsel is protected in the Sixth Amendment. This Amendment is all about protecting the rights of individuals accused of crimes and ensuring that they receive a fair and speedy trial with legal representation should they so choose. Due to the complex nature of criminal law, it is highly advisable for anyone accused of a crime to request the advice of an attorney. This may save you from inadvertently making admissions of guilt or providing the prosecution with evidence against you. While public defenders mean well, they are often overworked and unable to dedicate the time necessary to provide the best possible representation in each case. Therefore you should always hire your own dedicated criminal defense attorney when your financial circumstances permit.
Exercise Your Rights!
Any criminal defense attorney worth his or her salt will advise you to exercise your Miranda Rights in every situation, no matter what. You have nothing to lose by exercising these rights, and potentially a lot to gain.
