Miranda Rights
Our system of justice is designed to protect innocent people from being wrongly charged or convicted with a crime. In order to do this, people charged with crimes are granted important rights in the process. Anyone who has watched a movie or t.v. show about police has heard the Miranda Rights—“You have the right to remain silent. Everything you say can and will be used against you…” The Miranda Rights were designed to protect defendants during the initial process of arrest when they are likely not with their attorney and the police could easily take advantage of the situation. The Miranda rights protect the Fifth Amendment right against self-incrimination which insures that a person under arrest does not have to answer questions from police and does not have to explain himself. He can wait until he talks to an attorney, and may choose to never answer questions if the answers will incriminate himself.
Being Questioned by the Police
It is important to note the police can get around the right to be silent by telling a person he is not under arrest. If a person is not under arrest, the police are not required to read the Miranda rights. The police can simply ask a person for information. Without hearing those rights, someone might start answering the questions from the police and might even provide some self-incriminating evidence. Once the police have the information they need, THEN they may put the person under arrest. Every person has the right to be accompanied by an attorney before answering questions from the police. If a person is brought in for questioning, and has not been charged, it is still wise for that person to be accompanied by an attorney who will know how to protect his client from saying anything that be used later against him in court.
Defense Rights
Every person charged with an offense has the right to be represented by an attorney. If a defendant cannot afford an attorney, the state will provide one. A defendant must prove he cannot afford to hire an attorney on his own. The right to be represented by an attorney is the most important right because the attorney is required to be an advocate for the defendant. The criminal defense attorney has a duty to make sure the person charged is treated fairly and is properly defended.
State Law Differences
Some state constitutions provide a higher degree of personal and procedural rights to the criminally accused than others. Therefore, the information in this article generally will be true in most states, but may not be true in all. Each state court should have a website with information and resources regarding the local laws and rights of those charged with offenses.
- The content of this article is provided for informational purposes only, and nothing stated here should be taken as legal advice! If you need legal assistance with a Criminal Charge, click here to consult with an Criminal Defense Lawyer near you to discuss the details of your case.
