As a citizen of the United States, you have rights, even if you are being placed under arrest. Not knowing your rights could be harmful in a potential case. If you don’t exercise your rights, you are at risk of having your words or intentions used against you.
Miranda Rights are a way to ensure that the accused is treated fairly and the police are acting justly. When a person is arrested, they are supposed to be read their rights that state the law and implications during and after an arrest.
What are my rights?
- You have the right to remain silent.
- You do not have to say anything to any official present while you are being arrested, especially details that may be evidence against you. If a police officer asks if you’ve been drinking or how much you’ve had to drink, you can exercise your rights by saying that you would like to speak with an attorney before answering any questions. Even if an officer demand compliance, you are under no obligation to answer their questions.
- Anything you say can and will be used against you in a court of law.
- In accordance with the first right, you are advised that anything you do say is potentially incarcerating evidence. Whether you say something directly to an officer, or you mutter something to yourself, anything you say can be used in your trial. If you don’t exercise your right to remain silent, be careful with the information you provide. Only answer the questions asked, if you choose to do so, but do not provide any other commentary.
- You have the right to an attorney.
- If you are arrested, you have the right to obtain an attorney. Some people wait to get an attorney because they do not believe or understand the charges against them. However, in a DWI case, there are several factors, such as licence suspension and BAC results, that are time-essential. There are situations where it can be too late to take action. If you are placed under arrest, a person should seriously consider getting an attorney.
- If you cannot afford an attorney, one will be appointed for you.
- As a part of the justice system, anyone that can not afford to pay an attorney will be assigned a public defender. A public defender is a lawyer licensed in the state where they will be fighting a case. The court will assign a public defender upon an appeal and after providing financial proof showing an inability to pay a private lawyer.
If you are not read your Miranda Rights, that does not mean that your case will be automatically thrown out. In certain situations, your attorney can fight to have your statements or the charges against you striken. You are innocent until proven guilty and have the inherent right to just treatment, even if placed under arrest.
If you think that you have had your rights violated, contact an attorney immediately for consultation and advisement on how to proceed. Get connected with the top rated attorneys in your area for the best chance at winning your case.