What Are the Miranda Rights?
If you have ever been charged with a crime, or even scene a crime television show, you have probably heard the Miranda rights, also called the Miranda warning. When the police take a suspect into custody, they are legally bound to reading or reciting the Miranda warning to the suspect. This warning advises a person of his or her rights in police custody.
First, the Miranda rights have been in place since the 1966 Miranda v. Arizona decision in the Arizona Supreme Court. This case involved the trial of Ernesto Miranda, who was accused of the rape and kidnapping of a woman. After Miranda was arrested, he confessed to the crimes for which he was charged. However, during his court case, it was found that the police used intimidating methods to forcibly extract the confession, which was a violation of the Fifth and Sixth Amendments, or the Amendments that include the protection against self-incrimination as well as your right to legal counsel, among other things.
Subsequently, the U.S. legal system established the Miranda warning to inform a person of his or her rights when brought into law enforcement custody. These rights include:
After hearing the Miranda rights, the person must give a clear, obvious affirmative answer. This helps those who do not understand English. If you do not respond, you can have the warning translated so that you can be fully informed of your rights.
Recently, the Supreme Court has allowed some changes to the Miranda warning. Now, people charged with crimes must specifically inform police officers that they choose to remain silent instead of simply remaining silent. This can stop police questioning. Also, suspects have a specific time limit to ask for an attorney, and police do not have to directly inform a suspect that he or she can have a lawyer present during an interrogation.
If you have been charged with a crime, it is important to have an experienced criminal defense attorney by your side to help protect your rights. To discuss your case, contact the knowledgeable Dallas criminal defense lawyers from the Law Office of Mark T. Lassiter today.
First, the Miranda rights have been in place since the 1966 Miranda v. Arizona decision in the Arizona Supreme Court. This case involved the trial of Ernesto Miranda, who was accused of the rape and kidnapping of a woman. After Miranda was arrested, he confessed to the crimes for which he was charged. However, during his court case, it was found that the police used intimidating methods to forcibly extract the confession, which was a violation of the Fifth and Sixth Amendments, or the Amendments that include the protection against self-incrimination as well as your right to legal counsel, among other things.
Subsequently, the U.S. legal system established the Miranda warning to inform a person of his or her rights when brought into law enforcement custody. These rights include:
- The right to remain silent
- The warning that anything a person says can and will be used against them in court
- The right to an attorney
- The information that the person can use a court-appointed attorney if he or she cannot afford one
After hearing the Miranda rights, the person must give a clear, obvious affirmative answer. This helps those who do not understand English. If you do not respond, you can have the warning translated so that you can be fully informed of your rights.
Recently, the Supreme Court has allowed some changes to the Miranda warning. Now, people charged with crimes must specifically inform police officers that they choose to remain silent instead of simply remaining silent. This can stop police questioning. Also, suspects have a specific time limit to ask for an attorney, and police do not have to directly inform a suspect that he or she can have a lawyer present during an interrogation.
If you have been charged with a crime, it is important to have an experienced criminal defense attorney by your side to help protect your rights. To discuss your case, contact the knowledgeable Dallas criminal defense lawyers from the Law Office of Mark T. Lassiter today.
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