How Will I Know If My Miranda Rights Were Violated?
Being arrested can be a traumatic experience, and arrestees often try to discuss the situation surrounding their arrest with the police officer. Any communications made by the arrestee during the arrest can be used against him or her in a subsequent criminal proceeding. While you might think you are helping your case, this is rarely the reality, and many people who speak with the police end up saying the wrong thing.
Police officers are required to read Miranda rights to an individual during an arrest. Miranda rights came out of a legal case called Miranda v. Arizona, and they exist to protect citizens being arrested. The Miranda rights inform arrestees of the following:
- The individual has the right to remain silent
- The individual has the right to an attorney
- If the individual cannot afford to pay for an attorney, he or she has the right to have an attorney appointed
If the arresting officer fails to read the Miranda rights to the arrestee, then this could have a serious effect on the criminal case, especially if you gave the police a confession. If you think a law enforcement officer did not Mirandize you during an arrest or before a custodial interrogation, you should contact the Law Office of Brent D. Bowen, PLLC. An experienced criminal defense attorney can help you preserve your legal rights.
It is important for you to remember that you should not negotiate with or speak to the police during or after your arrest. You should invoke your right to remain silent and your right to counsel.
Law Enforcement Officers Are Required to Read Miranda Rights to Arrestees
If a police officer approaches an individual and begins questioning him or her, then the law enforcement officer is not required by law to read the Miranda rights to the person being questioned. Terry stops, named after the case Terry v. Ohio, do not require the reading of the Miranda rights.
If a law enforcement officer arrests an individual or otherwise detains them, the law mandates that the officer read them the Miranda rights. This requirement arises because before the police officer can question an arrested person, the officer must make sure that the arrested person understands his or her Miranda rights. If a law enforcement officer does not read the Miranda rights to an arrested individual, any evidence discovered through questioning may be excluded.
Contact a Frisco Criminal Defense Lawyer if You’ve Been Arrested
You need to have a knowledgeable Frisco criminal defense attorney on your side when you are being charged with any crime. If you think a police officer violated your rights by not informing you of your Miranda rights, you need to schedule a consultation with the Law Office of Brent D. Bowen, PLLC to discuss the facts of your case.
Obtaining legal representation is important when you are dealing with the possible consequences of a criminal conviction. Even a misdemeanor conviction can affect your finances, your employment, and your family life. Contact our office today to protect your legal rights.