A Comprehensive Guide to Miranda Rights
How many of you are aware of the term ‘Miranda Rights ’?
It basically stands for the rights that the cops are required to read at the time of an arrest. In a benchmark case of Miranda v. Arizona, 384 US 436 (1966), the U.S. Supreme Court stated that every law enforcement officer must state these rights to people they decide to put in custody before asking them any further questions.
Unfortunately, it’s been about 59 years since the Miranda case, and still now, a lot of people do not actually understand that these rights against self-incrimination, and end up waiving them! And that is exactly where they go wrong!
So, if you or someone you know gets arrested, it is best to seek counsel from an experienced Pittsburgh criminal lawyer.
A Quick Look into the Rights
The Miranda rule states that before a law enforcement officer can initiate their custodial interrogation, they must read the following rights to the detainee-
- The right to remain silent
- Anything the detainee says or does can be used against the person in court.
- The detainee has the right to consult with a lawyer. Apart from that, the detainee also has the right to have a lawyer present while being questioned.
- If the detainee cannot afford an attorney and wishes to get one, the person would be given a state-appointed attorney.
The entire basis of Miranda rights emerges from the Fifth Amendment of the U.S Constitution. It basically protects every U.S citizen from being forced to testify against themselves.
What happens is that when the cops take someone into custody, the situation is stressful enough. This can put huge pressure on the detainee, and the person may feel obligated to talk. So, the cops are required to read the Miranda rights to make sure that whether the detainee chooses to speak or to stay silent, the decision is entirely voluntary.
Now, as common people, you might not be able to understand the intricacies of Miranda rights. And that is exactly where you require the expertise of a Pittsburgh criminal lawyer.
How Does the Court Decide if a Situation Requires Miranda Warnings?
Well, that’s a billion-dollar question! So, if the court wants to determine if a situation required Miranda warnings, it looks at several factors, like
- Determining the identity of the one who was questioning
- Determining whether the questioning was done when other people were around
- Determining who initiated the whole conversation
- Determining whether the cops told the detainee that the interview was voluntary.
- Determining whether the entire questioning was happening at the police station, on the street, or at home.
- Determining whether the detainee was restrained physically
- Determining the exact time of the day when the incident occurred
Now, if the cops forget to state the Miranda rights before interrogation, the detainee’s statements cannot be used at trial. Apart from that, any evidence gathered based on the detainee’s statements shall also remain inadmissible. And only an expert Pittsburgh criminal lawyer can help you understand these intricacies. So, if you are stuck in such a situation, it’s best to seek help from an experienced professional before it gets too late!
Wrapping Up
You need to understand that Miranda rights are a complicated space, which involves an array of nuances and exceptions. So, if you want to protect your rights, exercise your right to remain silent, and consult with a Pittsburgh criminal lawyer immediately.
That being said, if you happen to get arrested and are forced to speak against your will, do call us at 844.PITT.DUI for immediate legal help.