Thanks to the result of the U. S. Supreme Court case Miranda v. Arizona, police are required to recite an individual’s Constitutional rights before any questioning takes place.
Knowing what your rights are is important, especially if you ever find yourself being named a suspect during a criminal investigation. The following are Constitutional privileges that are popularly referred to as one’s “Miranda Rights.”
1. You Have the Right to Remain Silent
You do not have to speak with law enforcement. Most of the time, it’ll be in your best interest to do so, but you will never be compelled to.
2. Anything You Say Can Be Used Against You in a Court of Law
Many cases are solved or settled because of a suspect’s confession. When physical evidence is limited or nonexistent, confessions become important pieces of evidence for attorneys. Know that, if you do choose to speak, there may very well be consequences as a result.
3. You Have the Right to Have an Attorney Present
This is where we come in. Every person who is accused of breaking the law has the right to have legal counsel present at the time of interrogation, working on his or her behalf. Police must make this right clear. If law enforcement fails to do so, entire confessions may be thrown out, even if a suspect admits guilt. Additionally, if a suspect asks to stop questioning until an attorney is present, but the police ignore the request, any evidence gathered after the suspect’s request would likely be thrown out.
4. If You Cannot Afford an Attorney, One Will Be Appointed to You
Again, the right to an attorney applies to all Americans, whether they can afford one or not.
For assistance regarding bankruptcy, estate planning, and criminal and family law defense in Washington and Oregon, lean on the expertise the Brian Walker Law Firm, PC team has. Call us at 360-695-8886 or 503-227-9200 to more about how we can help you.