We’ve all seen enough cop shows to know that you have the right to remain silent, but should you? Why are Miranda Rights so important?
First, let’s take a look at the full version of the Miranda Rights:
“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?”
Stay Silent
Trust your instinct not to talk
If you happen to get tangled up with law enforcement, it is, in general, best to invoke your right to stay silent, and then actually do it. Don’t get caught up in trying to tell your side of the story. Very clearly tell the officers that you “invoke my right against self-incrimination. I want counsel present during all questioning.” Officers are supposed to stop questioning you immediately. However, if they continue to ask you questions and you slip up or get frustrated and answer their question, you have immediately waived your right to remain silent. So, remember — zip it! Also, never respond to police questions without your attorney present to protect yourself.
Maintaining your right to remain silent can be very helpful to your defense. Doing so gives your lawyer a chance to develop the kind of case strategy that can get your case dismissed or even just getting your consequences reduced.
The thing is, the police are not on your side, despite how they act or what they might say. If authorities suspect you of a crime, they already think they have the beginnings of a case against you. They have an agenda, and that is to get a conviction. They may say things like “We’re on your side.”, “We’re just trying to get your side of the story.”, “We just want to help you clear your name.” or even “We’re just trying to eliminate you from our suspect list.” No matter how genuine they sound, this is very rarely the case. They’re trying to get you to trip up and contradict yourself, get caught up in your story, and ‘out’ yourself.
Purpose of Your Miranda Rights
The entire purpose of the Miranda Rights is to prevent law enforcement from coercing or forcing people being questioned to incriminate themselves. The Miranda Rights were created to defend the 5th Amendment right against compelled self-incrimination, and to uphold the 6th Amendment right to a lawyer.
The Miranda Rights are named after a man named Ernesto Miranda. Miranda was an Arizona man who was convicted of multiple felonies based on his confession – The one he made because he thought he was required to answer their questions on the spot. He didn’t realize that he had the right to stay silent during the interrogation.
Another essential thing to be aware of regarding the Miranda Rights is that there is no set script; each state is allowed to change how they say it. There are a few things that they must include:
- Making sure that the person in custody has the right to remain silent.
- States that anything the person does say can be used against them in court.
- Be very clear that the person in custody has the right to an attorney.
- They have the right to have a lawyer present during questioning.
- The person in custody knows that a lawyer will be provided to them if they can’t afford one.
Misconceptions
The biggest misconception surrounding Miranda Rights is that if you get arrested and police don’t read your rights, any charges you are facing are automatically null and void. This is unequivocally not true. Whatever physical evidence collected at an alleged crime scene is still considered relevant, as is whatever you say outside the formal interrogation. The only thing that happens if they fail to read you your rights is that anything you say can’t be used against you in court and that the statements will be suppressed, and they won’t be able to introduce these into evidence during a hearing. However, these things can still be used in the investigation to build a case against you.
The other big misconception about the Miranda Rights comes from all those cop shows. Lots of people still believe that Miranda Rights should be read at the time of their arrest, which isn’t accurate. Miranda Rights have to be read to a suspect before direct questioning. This interrogation can take place with or without an arrest and can take place at the crime scene or the police station.
If you run into some trouble and find yourself in custody, give Szar Bail Bonds a ring. We’re here 24 hours a day to help.
