You’ve likely heard the term “Miranda rights” from mainstream media, but do you know what your Miranda rights are? We’re breaking it down in today’s blog post.
Miranda v. Arizona
Miranda rights are based on the Miranda V. Arizona Supreme Court Case which granted those who are criminal suspects certain rights when being questioned by law enforcement in a custodial setting. This ruling came from a group of cases where certain individuals were more vulnerable, couldn’t afford proper representation, and had little to no education. There was no evidence of physical coercion, however, they weren’t properly informed of their rights, meaning their confessions were not a product of free choice.
What Are Your Miranda Rights?
You have a 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 appointed to you. This probably sounds familiar to you. It’s not just something said in movies, these are your rights if you were ever to become a criminal suspect.
You should know that an officer is not required to read you Miranda rights every time they are asking you questions. For example, an officer requesting that you perform Field Sobriety Tests is not always considered a custodial setting where Miranda rights are required to be read to you. However, you do have the right to remain silent and do not have to perform Field Sobriety Tests. But be careful to know the difference between Field Sobriety Tests and the chemical tests that an officer might ask you to perform after an arrest for driving under the influence. If you refuse to perform the chemical tests after you have been arrested you could be subject to an 18-month suspension of your driver’s license.
Our team of Criminal Law attorneys stand ready to defend you in your time of need. If you find yourself in a situation where you’re needing legal help for a criminal situation or want to learn more about your rights before a situation might arise, you can trust our attorneys to guide you through the situation and explain your rights for the best possible outcome. We’re here to be a part of your team and advocate for you. To schedule your consultation with one of our Criminal Law attorneys, give us a call at 435-752-2610.