Why do Miranda Rights matter? What are Miranda Rights? Where did the Miranda Rights Came from?
What are the Miranda Rights?
The Miranda rights are the rights that need to be provided to certain people under custody. This law started due to Miranda V. Arizona, where a conviction was made due to the suspect confessing while under police custody. It was then determined that people should be mirandized prior to arrest so that they know what they should or shouldn’t do under police custody.
The Miranda Rights read:
“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?”
Does Everyone Need to be Mirandized?
It is a common misconception that everyone must be read the Miranda Rights, this is simply not true. The rights must be read to suspects under police custody prior to questioning, however as of 2004, “Stop and Identify” laws have been put in effect. In essence, you must answer questions that identify you without hearing the miranda rights.
What if I Wasn’t Read My Miranda Rights?
Per Arizona V. Miranda, an individual’s testimonial who has not been read the Miranda rights can not be accepted into the case. Therefore, many people do tend to walk after not being properly mirandized. If you have been arrested, it is important to understand your rights.
The Right to Remain Silence
If you have been arrested, it is imperative that you do not under any circumstances incriminate yourself. Cooperate with the police officers, but stay quiet and observant. Ensure that every part of your arrest is being done properly and note which parts aren’t. Remain silent until you can consult with an attorney. Everything you say, can be used against you during your case.
The Right to a Lawyer
This is perhaps the most important part of the Miranda rights, the rights to a lawyer will help you navigate the Ft. Lauderdale criminal defense scene easily. Getting the best attorney is vital when ensuring a successful outcome for you.
Contacting a Criminal Defense Lawyer
Gary Ostrow is the best criminal defense lawyer in South Florida. As a lawyer for over 30 years, Gary Ostrow can put together the best defense for you. If you’d like to contact Gary Ostrow for a free consultation, do not hesitate to call the office at (954) 566-4033.