
When you are under arrest, it may feel as though you have no protection. However, this is far from the truth. In reality, you’ll find that as someone facing criminal charges, there are measures in place to help protect you, as you are innocent until proven guilty. One thing you should be familiar with is your Miranda Rights. Though you may have a general idea of what these are, the following blog explores these in further detail. Additionally, you will learn how a Cobb County criminal defense attorney can help if you were not read your Miranda Rights.
What Are Miranda Rights?
Miranda Rights stem from a 1966 landmark Supreme Court decision. As such, your Miranda Rights are a set of rights the police must inform you of when you are arrested and before you are questioned. If the police do not inform you of these constitutional rights before interrogating you about your alleged role in a crime, they cannot use the information obtained against you.
When you are arrested, meaning you are placed in police custody and are not free to leave, you have the right to remain silent and the right to hire an attorney. The officers will inform you that if you do not invoke your right to remain silent, anything you say can and will be used against you in a court of law. Additionally, you should be informed that if you cannot afford an attorney, the court will appoint one for you.
Your Miranda Rights are not constitutional rights, but they serve to protect your constitutional rights to silence and representation. As such, if someone is not read their rights, they do not have legal grounds to sue the law enforcement agency responsible for the arrest for not Mirandizing them after their arrest.
If I Wasn’t Read My Miranda Rights, What Should I Do?
There is a common misconception that if you are not read your Miranda Rights, the charges against you will be automatically dropped. This is far from the truth. In reality, if you can prove that you were not read your rights and therefore the police obtained an un-Mirandized statement, it cannot be used against you to prove that you are guilty of a crime. However, without the statement, the police and prosecutor may have a harder time proving your guilt. If they try to introduce your statement, your attorney can use the exclusionary rule to prevent them from proving you guilty. This statement can, however, be used to undermine your credibility.
If you were not read your Miranda Rights when arrested, it’s in your best interest to connect with an experienced attorney who can guide you through these complicated matters. At Miller Law Practice, we understand how upsetting it can be to learn your rights were violated. We will explore all possible avenues to help you fight for the best possible outcome for your circumstances. Connect with us today to learn how we can assist you during these matters.