What Are Miranda Rights? Everything You Need to Know About Being Arrested
What if someone stole 25 years of your life?
Unfortunately, this was the case for 35-year-old William Barnhouse. On April 21, 1992, police arrested him, in relation to a nearby rape case.
After going to trial, the jury found him guilty and gave him 80 years in prison. Normally, putting a rapist behind bars would be a reason to celebrate. Yet, there was one major problem, William was innocent.
After years of appeals, new DNA tests were able to find the real rapist. Finally, on May 9, 2017, the court decided to reverse William’s wrongful conviction. After 25 long years, he could finally go home.
Stories like this prove you don’t have to break the law to get arrested. You can be an innocent woman or man, and still, find yourself behind bars. No matter the reason you’re dealing with the law, you have to protect yourself by knowing your rights.
Read on to learn everything you don’t know, about the question, “What are Miranda rights?”.
What Are Miranda Rights?
Miranda rights get their name from a US Supreme Court case in Arizona. Ernesto Miranda was facing a conviction for robbery, kidnapping, and rape.
He even gave police a complete confession, admitting his part in the crimes. Yet, because officers didn’t advise him of his constitutional rights, they had to take him to trial again.
As a result, police officers are now required to recite the Miranda warning. Every state makes its own specific rules regarding what they require police officers say to suspects.
Even though each state decides individually what to say, the Supreme court has set forth several guidelines. So, exactly what are Miranda rights? Next, we’ll look at the 4 points, the Supreme court requires all officers to communicate.
Right to Remain Silent
Should you decide to not speak, officers can’t use this against you in court. Yet, be aware, there is something called the pre-Miranda silence. If the cops haven’t read you your rights yet and you won’t speak, they can accuse you of being suspicious.
If you are already under arrest and choose to remain silent, remember it’s only temporary. After someone pays your bail, you can find an attorney to consult with.
Right to an Attorney
When there’s going to be an interrogation, you have the right to legal counsel. Not sure if the questioning qualifies as an interrogation?
An interrogation happens any time you’re in custody, not free to go, and police are asking questions. It doesn’t have to be an official procedure or take place in a special room.
Police have to let you consult with an attorney before the interrogation begins. You also have the right to request your attorney stay in the room for the entire interrogation.
Having an Attorney Appointed
Do you want a lawyer, but can’t afford it? That’s where this right will come into play.
Even if the person arrested can’t afford legal counsel, they can still get assistance. Of course, free legal help is usually less effective than hiring someone directly.
Watch What You Say
If you choose to give up your right for silence, watch your words.
Sometimes, the only evidence cops have is the things you say after the arrest. The smallest statement can become an admission of guilt. When in doubt, ask for an attorney and remain quiet until they get there.
Know Your Options
Now you know the answer to the question, “What are Miranda rights?”.
The next step is to prepare for the worst case scenario.
If you or a loved is facing an arrest, you have to know your options. Absolute Bail Bonds knows how stressful legal complications can be.
That’s why it’s our mission to help our clients care for their rights, every step of the way. We want to help reunite you with your loved ones, as quickly as possible.
Don’t wait another second to get the help you need. Speak to an experienced bondsman today. Reach out to us, using our contact us page.