If you’ve been arrested or expect to be interrogated by a police officer, you should know your Miranda Rights. They’re there to protect you and ensure you receive the due process you are entitled to.
We hear them recited on television all the time, but there’s more to understanding your Miranda Rights than being able to repeat them.
What are Your Miranda Rights?
The short version:
“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?”
“You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?”
It all sounds simple enough on the surface, but let’s break all of that down.
- Your right to remain silent is based on the Fifth Amendment, which basically says you don’t have to incriminate yourself. That’s what people mean when they say they’re “pleading the Fifth.”
- It makes sense that anything you say can be used against you, but where does the “will” come in? Does that thing you said absolutely have to be used against you? And will anything you say be used against you for sure? What if you simply made a comment about the weather? … Well, that’s not necessarily what that means. It’s more of a warning stating that if something you say can be used against you, it will be used against you.
- The fact that an attorney will be appointed for you if you cannot afford one ensures that individuals living in poverty are not unfairly targeted by the authorities.
- The name is based on a landmark 1966 Supreme Court case, Miranda v. Arizona. In this case, Ernesto Arturo Miranda’s conviction on kidnapping, rape, and armed robbery based on his confession was set aside. The justices ruled that suspects must be informed of their right not to incriminate themselves and their right to consult with an attorney.
Generally speaking, Miranda Rights, also known as the Miranda Warning, ensures that law enforcement officers do not coerce information out of individuals who are in custody. That information could be inaccurate or misconstrued due to the fact that the arrestee is under duress and possibly confused with the line of questioning. Having an attorney present ensures that someone who is less emotional at the time has a firm grip on the conversation.
An important factor to note is that Miranda Rights are only required to be read if you are in custody (have been arrested) and law enforcement officers plan to ask you questions. If they are not read to you, the case will not automatically be thrown out; however, during the trial process, prosecutors would not be able to use anything the arrestee said. On the other hand, if you have not been arrested and are free to go, officers can ask you questions without reading you your Miranda Rights, which could possibly place you or others in an even tougher situation.
Rights Violations
If you were arrested in the Port Huron area or anywhere in Michigan and believe your rights were violated in any way, it’s important to contact a qualified attorney to assist you in your case.
If you need help getting out of jail, contact us online or call us at (810) 605-5555. You may also call us with your general questions about the bail bond process.
Tags: Bail Bond Process, Miranda Rights