If you’ve ever watched a police procedural show or movie, you’ve probably heard the phrase “You have the right to remain silent” before. This phrase is part of the Miranda Rights, a set of rights that law enforcement officials must inform individuals of before questioning them in custody.
Understanding your Miranda Rights is important, especially if you find yourself under arrest or in police custody in New York. Here’s what you need to know:
What Are Your Miranda Rights?
Your Miranda Rights are a set of rights that you have when you’re in police custody or are being interrogated by law enforcement officials. These rights are named after the landmark Supreme Court case Miranda v. Arizona, which established that individuals have the right to remain silent and the right to an attorney during police questioning.
The specific wording of the Miranda Rights may vary, but they generally include the following:
- You have the right to remain silent.
- Anything you say can and will be used against you in court.
- You have the right to an attorney.
- If you can’t afford an attorney, one will be appointed for you.
- When Do the Police Have to Read You Your Miranda Rights?
The police are required to read you your Miranda Rights if you are in police custody and they want to question you. However, there are some exceptions to this rule.
For example, if the police are asking routine booking questions (such as your name and address), they don’t have to read you your Miranda Rights. Additionally, if you voluntarily speak to the police before being arrested, they don’t have to read you your rights either.
It’s important to note that just because the police don’t read you your Miranda Rights doesn’t necessarily mean that your statements will be inadmissible in court. If you weren’t read your rights and you make an incriminating statement, a judge will consider whether or not the statement was voluntary.
What Should You Do If You’re Arrested?
If you’re arrested, it’s important to remain calm and cooperate with the police as much as possible. However, you should also remember that you have the right to remain silent and the right to an attorney.
If the police want to question you, you should politely and firmly exercise your right to remain silent. You should also request an attorney as soon as possible.
It’s important to remember that the police are allowed to lie to you during questioning, so it’s best to say as little as possible until you have an attorney present. Your attorney can advise you on how to proceed and protect your rights throughout the legal process.
What Are the Consequences of Violating Your Miranda Rights?
If law enforcement officials violate your Miranda Rights, any statements or confessions you make during the interrogation may be suppressed or excluded from evidence in court. This means that the prosecution won’t be able to use these statements against you during the trial.
However, it’s important to note that this doesn’t necessarily mean that your case will be dismissed. If there is other evidence against you, the prosecution may still be able to make a case without your incriminating statements.
If the police didn’t read you your Miranda Rights, but you didn’t say anything incriminating, your case may not be affected. The Miranda Rights only apply to statements that are made during police questioning.
Understanding your Miranda Rights is an essential part of protecting yourself during a police interrogation. By remaining calm, asserting your rights, and seeking the advice of an attorney, you can ensure that your legal rights are protected throughout the legal process.
If you have any questions or concerns about your Miranda Rights or other legal issues in New York, it’s important to speak to an experienced attorney. They can help you understand your rights, protect your interests, and achieve the best possible outcome in your case.
As a criminal defense attorney, at Arthur L. Pressman, Attorney at Law, we understand the importance of Miranda Rights in protecting our clients’ legal rights during police interrogations. At our law firm, we take a proactive approach to help our clients understand their rights and provide guidance on how to exercise them effectively.
If you’ve been arrested or are under investigation in New York, we can help you navigate the criminal justice process and protect your legal interests. We will work to ensure that your Miranda Rights are respected and that any evidence obtained through a violation of your rights is suppressed.
Our team is dedicated to providing aggressive representation for our clients and negotiating the best possible outcome in their cases. Whether through plea negotiations or trial, we will fight for your rights and work to achieve a favorable resolution to your case.
If you’re facing criminal charges in New York and need help understanding your Miranda Rights, contact us today to schedule a consultation. We will provide the expert guidance and representation you need to protect your legal rights and achieve the best possible outcome in your case.
