While several people have come to the understanding of Miranda rights through movies, television, TV shows, and other means, there is much to be learned about the said rights. Many criminal defense attorneys Orange County have been able to seek better outcomes for their clients in their various cases based on the technicalities of Miranda rights.
Several people know that they have the right to remain silent after they have been arrested, however, Miranda rights does not end there as it encompasses a wider range of information which can help arrested person better position themselves and avoid further complicating their case.
If you have been arrested and unsure of what your Miranda rights are, there is a need to stay updated on the law and better understand it to save you from the common misunderstandings and misconceptions associated with the series of statements which by law is required to be read to you upon arrest.
Rights vs. Warning
Most of us are familiar with “Miranda rights” as a saying, however, what is termed Miranda rights are in actual terms Miranda warnings. These warnings are intended to let people know what to do in the event they are arrested and how to properly stay within their legal confines. Miranda warnings consist of four statements and a question.
– You have the right to remain silent.
– Anything you say can and will be used against you in the court of law;
– You have the right to an attorney;
– If you cannot afford one, an attorney will be provided for you;
– Do you understand these rights?
The statement and its wordings may, however, be slightly different in some cases. This will, however, depend on a wide range of factors including the jurisdiction and the arresting officer. However, the overall goal is that the content must remain consistent across the board. These statements, however, drive home and summarizes two of the most important basic rights in criminal law; the right to be free from self-incrimination as contained in the Fifth Amendment and the right to a legal counsel or representative as contained in the Fifth and Sixth Amendments.
The Police didn’t read me my Miranda rights when I was arrested?
Not all arrests demand that the Miranda warnings be read out to the offender, in some cases, arrests may be made without reading of Miranda warnings. However, when an arrest is made for custodial interrogation, Miranda warning is an important part of the process. This means that if the police have arrested a person with the aim to keep such an individual in custody and interrogate them, Miranda rights have been read.
The police can however generally ask questions from a person before he or she has been arrested and placed in custody. Even if the answer to such questions asked may be incriminating, the police may choose to still pursue the line of interrogation, for example, a police officer may demand to know if an individual has been engaged in alcohol consumption prior to driving.
However, if the police arrest a person and take them into a police car or van, then, such a person has been regarded to have been taken into custody.
The police may also fail to read Miranda warnings to an arrested person following arrest but are expected to make the warnings known to such a person before they proceed to interrogation.
However, if you have been taken into custody and your rights have not been read to you or you were not reminded of your rights, then all information gathered during the interrogation session will likely not be accepted as evidence by the court. This also holds for when you request an attorney but questioning continues in the absence of your legal counsel.
Arrests in California and Miranda Warnings
One of the most common questions with regards to Miranda warnings and arrests is about the technicalities of the process. Arrests can be made without necessarily having Miranda warning read. In cases such as this, the police may have enough evidence against the arrested person to allow them to pursue a case.
In cases related to traffic offenses, such as drunk driving, traffic stop, and DUI, the police may make arrests based on the available evidence.
Should I waive my Miranda rights?
After the police read to a suspect their Miranda warnings, the police may initiate their interrogation. After the Miranda warnings have been read to the suspect in custody, he or she may choose to waive their rights to remain silent and their right to an attorney by choosing to continue cooperation with the police, providing them with information and answers to their questions. However, to prevent further complicating your position, it is recommended that you carefully weigh the odds before choosing to continue answering questions posed by police officers.
During questioning, the police may be targeting specific information and may, in turn, try to get a suspect to admit to certain statements which may be incriminating and detrimental to the outcome of their case. While a lot of people think because they are innocent of the charges leveled against them, they can interact freely with the police in the absence of their attorney, this may quickly turn out to be a bad idea as information supplied may be used against suspects.
Will I be provided a lawyer?
Most people, based on a lie in the Miranda warning indicating their right to an attorney make the mistake of thinking an attorney will be awarded to then by the police or prosecutor. However, this is false, if a lawyer is to be appointed, this will be a public defender and such will only be awarded if the suspect or defendant is unable to afford legal counsel. For this to occur, the defendant is required to provide a proof showing financial hardship or inability to meet up with the resource requirement for hiring a legal representative.
Remember, the fact that you do not have a lot of money does not mean a public defender will be assigned to your case.