If you would like to learn more about your Miranda Rights, continue reading and reach out to our dedicated Cobb County criminal defense lawyer today.

What are Miranda Rights?

It is essential to acknowledge that Miranda Rights are clear and straightforward. They express the following:

“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?”

When can I use my Miranda Rights?

If a person shows in any way, at any time prior to or during questioning, that he or she would like to remain silent, the interrogation must cease. If the individual states that he or she wants an attorney, the interrogation must halt until an attorney is there. At that time, the individual must have the power to consult with the attorney and to have him or her available during any following questioning.

When should the police read your rights?

You will want to recognize that the police are only directed to Mirandize a suspect if they intend to question that person under custody. Arrests can occur without the Miranda Warning being given. If the police, later on, choose to interrogate the suspect, a warning must be provided at that time. Their awareness of this rule represents a lower likelihood that a case will be overturned in court because of poor procedure on their part.

If public safety is an issue, questions may be asked without the defendant being Mirandized, and any proof gathered may be used against the suspect under this instance. The Miranda Warning is all about the examination and being protected from self-incrimination under the Fifth Amendment, not being arrested.

The person charged must still reply to questions asked about their name, age, address, etc. They can be explored in order to protect the police officer. Furthermore, a confession given before a suspect has been read the Miranda Warning may find that confession documented as evidence in court.

If you have been Mirandized and you waive your rights, meaning you would like to speak to police voluntarily without an attorney present, you can modify your decision at any time and ‘plead the fifth,’ meaning you no longer wish to answer questions, or that you have changed your mind and want to have an attorney in your presence.

Recognize that in some states, juveniles have the right to remain silent without their parent or guardian present.

Contact Our Experienced Firm

At the Miller Law Practice, we support clients through a variety of legal matters. If you are facing criminal charges, or have been injured due to the negligence of another party, our firm will fight for you. Contact Miller Law Practice today.