Everyone who has watched any sort of law-related show has heard the words, “You have the right to remain silent” followed by a trail of others. This series of words is known as a person’s Miranda Rights. Thanks to the Fifth Amendment we are protected from self-incrimination and, to ensure we are aware of these rights, anyone being arrested or charged with a crime must be read these infamous words before being interrogated. The primary contentious issue in courts is when and/or how these rights can then be waived or invoked.
Once a person is Mirandized, they must acknowledge that they understand their rights. If a person chooses to continue a conversation that might be potentially incriminating, they are presumed to have waived their right to not answer further questions. However, if a person explicitly invokes their right to remain silent or their right to confer with an attorney, interrogations of the suspect must cease. Barring minimal exceptions, that person cannot be further interrogated until they are provided with counsel. Any evidence or testimony obtained after this without having met these obligations will be suppressed and inadmissible at trial. The concept behind this is that a person cannot be forced to testify against themselves.
Another important element of this right is that if the suspect, after invoking their right, chooses to answer questions without being further pressured or re-engaged by the officer, then they will have been presumed to waive their rights at that time. It is important to note that if the officer is the one to re-initiate the conversation without consent from the suspect, then this will likely not be considered a waiver of rights, meaning that anything obtained cannot be used against the individual. On the other hand, if a person had waived their right to remain silent, the law has dictated that the person can reinvoke their right at any time and cease answering questions, provided they make it clear that this is their intention. In all situations, the individual must clearly state they are invoking their Fifth Amendment rights either in response to questioning or when Mirandized.
Most importantly, a person has a right to have legal representation present for questioning. Failure to provide a person with counsel in a criminal proceeding is prohibited by the Constitution as it creates unfair treatment of those without a legal background, financial resources, or access to assistance. Given the intricacies of the law and the various exceptions or situations, lawyers can be equalizers in a very intimidating situation. A person needs to understand more than just their rights, they need to understand the charges brought against them and the severity of the consequences of their actions or inactions. They need to understand what process or court proceedings will follow and they need someone who understands what is often foreign to those not educated in the field.
At King Law Offices we provide our clients with legal counsel that will be sympathetic to your situation and vigilant in protecting your rights. We want to ensure you get a fair trial and have someone who can break down the foreign language of the law in a way you can understand. If you find yourself in an intimidating legal situation, let us be your equalizer. Please call 888-748-KING for a consultation.
Miranda Rights: What They Are and How King Law Can Help
