Hopefully you have not been arrested, but you have probably heard the Miranda Rights at some point, either in a TV show or movie. The wording used when someone is read the Miranda Rights (or Miranda Warning) is clear and direct. Here is the warning and we’ll take a look at each point by point.
“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?”
Right To Remain Silent
“You have the right to remain silent.” This is fairly straightforward. You have to right to say nothing, but it’s worthless unless you use. There are few situations in which it would be beneficial to make any sort of statement. This is a Constitutional right, so use it—remain silent.
Anything You Say
“Anything you say can and will be used against you in a court of law.” This is true. Law enforcement will use anything you say to get a confession and conviction. Two words jump out from this statement—”can” and “will.” This is how the system works. They will take anything you say and use it against you that is most harmful to you.
Right To An Attorney
This means that a person has a right to an attorney. This is very straightforward, but the request has to be made and made clearly. If a person says, “I think I need an attorney.” This is not clear and could be viewed by a court that you did not actually want an attorney. You must say, “I want an attorney!”
When the request for an attorney is made, all questioning must stop until an attorney is present. Even if you can’t afford an attorney, one will be appointed to you. Sometimes when the request is made, questioning may not end. No matter what, when you make the request for an attorney, you need to keep your mouth shut.
To Be Continued
In part 2, we will look at some other aspects to your Miranda Rights. If you find yourself needing a trustworthy lawyer, Terry Luck is a seasoned trial lawyer, with an accomplished background in personal injury cases and cases involving serious criminal charges. When you want honest, hard working, hard fought representation to have your story told, you need Luck. Terry Luck will vigorously represent you, asserting your rights and your defenses and put you in the best position to win your case. Terry Luck’s office is located in Montgomery, Alabama. Call today 334-262-5455.
No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. No attorney-client relationship is established by requesting a consultation or by emailing the firm. Information submitted in such communication is not privileged and may be subject to disclosure.
