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Do you know your Miranda rights?

On Behalf of | Nov 6, 2023 | Criminal Defense

When it comes to legal procedures, knowledge is power. This couldn’t be truer than when it comes to understanding your Miranda rights. If you’re not entirely sure what your Miranda rights entail, you’ve come to the right place.

Exploring your Miranda rights and why they matter can ensure you know what you should do if you find yourself in a situation where they come into play.

What are Miranda rights?

Miranda rights, often referred to as the “Miranda Warning,” are rights that law enforcement officers must read to individuals they have in custody or are about to interrogate. These rights are designed to protect the Fifth Amendment rights of the accused, which include:

  • The right to remain silent: Anything you say can and will be used against you in court.
  • The right to have a legal representative present during questioning:  If you cannot afford one, one will be provided for you.

The Miranda warning is derived from the U.S. Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested in 1963 for the alleged kidnapping and rape of an 18-year-old woman. Miranda confessed to the crime during a police interrogation but was never informed of his right to remain silent or have a legal representative present. The United States Supreme Court subsequently ruled that Miranda’s confession was inadmissible in court, leading to the now-famous Miranda warning.

Why are Miranda rights important?

Miranda rights serve as fundamental protection for individuals accused of crimes. They help ensure that you have the option to remain silent, preventing self-incrimination during interrogations.

In addition, Miranda rights help level the playing field during questioning by providing individuals with the right to legal counsel. Without Miranda rights, individuals might be more susceptible to making false or coerced confessions under pressure from law enforcement.

Miranda rights are not just words; they are a shield of protection in the complex world of criminal justice. These rights serve as a safeguard, protecting you from self-incrimination and helping ensure a fair legal process.

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