Legal balance

What are Miranda Rights?

Anytime an individual is subjected to arrest by law enforcement, it’s a very intimidating event. One of the biggest misconceptions about being arrested is that Miranda Rights have to be immediately read to the suspect.

That is simply not true. Miranda Rights do not have to be read unless and until the law enforcement official is ready to commence with asking the suspect questions about the alleged crime.  If you find yourself arrested, you should call a trusted bondsman.

The Verbiage

While some states have a slightly different variation, the Miranda Rights used by a majority of the states read as follow: “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?”

Understanding These Rights

A suspect has have a right to not incriminate themselves by speaking to a law enforcement officer. Additionally, they will be provided legal representation whether they can afford it or not. It is important for suspects to make sure they understand these rights. If they don’t, they need to say so. The officer might read them again or simply take them in without questioning, but anything they might say after these rights have been read and confirmed is subject to becoming evidence that can be used by the prosecutor during trial. It is important to remember two things. First, there are a few situations where Miranda does not need to be read. Secondly, the suspect has the ability to invoke their right to remain silent at anytime during questioning, and the officer(s) must abide by not asking any further questions.

How to Proceed

The law and “rules of evidence” are tricky legal concepts. Unless a suspect is an attorney, they are most likely unaware of the nuances that could create problems for them, including jeopardizing their chances of acquittal. If someone is arrested, the best thing they can do is confirm their understanding of Miranda (assuming they do) and immediately invoke their right to remain silent. After they have secured counsel, the attorney will be better prepared to advise them as to what they should or should not say. While the suspect works to secure bail through a reputable bail bonds company, their attorney will begin the process of determining where things stand and assessing the best line of defense.

These right are there to protect all suspects and make sure they are treated fairly by law enforcement all the way through their trial. The last thing they want to do is say something that hurts their attorney’s ability to prepare an effective defense or go forward with a plea arrangement. Whether they are guilty of the crime or not, these rights are the only thing that stands between them and law enforcement officials using unfair tactics to get information that may or may not be relevant.

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