Since you were a kid playing “cops and robbers” you knew at least something about Miranda Rights, didn’t you? Maybe you didn’t know they were called “Miranda Rights” but when your cousin, “the cop”, pretended to arrest you, “the bad guy”, he probably recited something to you that he remembered from television, “You have the right to remain silent”. But what exactly are Miranda Rights and why are they such a big deal?
You Have The Right To Remain Silent
Miranda warnings have deep roots in U.S. law. In fact, they are directly tethered to the United States Constitution by virtue of the Fifth Amendment. Ever hear someone on TV say, “I plead the Fifth”? Well in order to understand the significance of a Miranda warning, you’ll need to know what this amendment is all about.
The Fifth Amendment offers protection from citizens from having to say anything incriminating about themselves – “no person shall be compelled to be a witness against himself.” This also means that individuals have a right to be free from giving self-incriminating statements to police when being detained or while in custody.
Miranda rights came from U.S. Supreme court’s decision in Miranda Vs. Arizona that everyone detained in police custody should be reminded of their Fifth Amendment rights. Miranda warnings consist of two basic statements with supporting statements for each:
– “You have the right to remain silent”
o “Anything you say can be used against you in court”
– “You have the right to an attorney”
o “Whether or not you can afford one”
While not having your Miranda Rights read does not guarantee all charges will be dropped, it is important to make note of those details when you speak with your attorney about your case. In addition, there are some exceptions to the Miranda rule, yet noting the details of your detainment and custody experience is still pertinent in all cases.
You Have An Advocate In Attorney Patrick G. Geckle
If you or a member of your family has been the victim of any form of police misconduct, don’t hesitate to call us at 215-735-3326, toll free at 800-555-7780 or contact us online to discuss your case.
All consultations are free of charge, and you are under no obligation to take your case further. Over the years we have helped many people in the same situation as you. Talk with us about how we can help you, too.