Miranda Rights
In the Supreme Court case of Miranda v. Arizona (1966), the court established a requirement for police officers to notify a person of certain rights after an arrest. The court found that these rights were simply a reinforcement of the Fifth and Sixth Amendments, which are the right against self-incrimination and the right to an attorney.
After an arrest is made and before someone is questioned by law enforcement, a person must be read their Miranda Rights as followed:
“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 a lawyer, 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?”
What if your Miranda Rights are violated?
- If after the arrest the questioning begins without reading the Miranda Rights
- If law enforcement does not allow an attorney present while questioning
- If law enforcement attempts to coerce someone into making a self-incriminating statement
- If you are read the Miranda Rights, but you cannot understand them (due to language barriers or disabilities)
If your Miranda Rights are violated, there is legal recourse available. An attorney can help you file a “motion to suppress evidence,” which will claim that any statements you made to the police under those circumstance were illegally obtained. If the motion is granted, those statements will be thrown out.
Many people believe that if there was a violation of Miranda Rights, that an entire case is thrown out. This is a misconception. A violation of Miranda Rights has the possibility of getting an entire case thrown out. However, it only means that any statement you made during the violation is thrown out.
No matter what the case may be, our attorneys are here to uphold your legal rights. Talking to an experienced attorney about the details of your situation can help ensure your rights are protected during arrests and questioning.
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