Midlothian, United States – /McCarty-Larson, PLLC/
Most of what people understand about the Miranda Warning is information gained from popular crime television shows and movies. The problem with that is most of those depictions lead to inaccuracies and misunderstandings of an individual’s rights if they are being arrested, says McCarty-Larson, a defense lawyer in Midlothian, TX.
What are Miranda Rights?
Miranda rights were established in 1966 by virtue of the Supreme Court’s decision in Miranda v. Arizona, based on a case where Ernesto Miranda was accused of criminal charges. Not knowing he did not have to answer police questions, Miranda gave a confession during an interrogation. Later he recanted, saying the confession was coerced and false. The landmark case made it to the Supreme Court, overturning the conviction and making it standard that before a subject can be interrogated, they must be aware of their constitutional rights.
What is the Purpose of the Miranda Rights?
The purpose of Miranda Rights is to protect individuals suspected of a crime against self-incrimination. The exact wording of the Miranda can vary slightly from state to state and jurisdiction to jurisdiction but must contain certain key elements.
What is Required in the Miranda Warning?
After an individual has been arrested, law enforcement must make them aware of their Miranda Rights before they are interrogated. While the exact warning may vary slightly, it must contain key pieces of information. This includes:
You Have the Right to Remain Silent
Silence cannot be used against an individual negatively in court. However, remaining silent does not mean that criminal proceedings will stop or that charges will be dropped.
Anything You Say Can and Will be Used Against You
If you choose to answer law enforcement questions after an arrest, prosecutors will use anything you say to support a case against you.
You Have the Right to an Attorney Present
Interrogation must be stopped when you invoke your right to have an attorney present during questioning. No matter the criminal charge, it is always best to have a criminal defense attorney present during questioning.
If You Cannot Afford an Attorney, One Will Be Appointed to You
Individuals have the right to request a public defender at no cost.
Common Misconceptions Concerning Miranda Rights
Many people believe that the Miranda Warning must be given at the time of the arrest, believing it is part of the arrest process. However, Miranda Rights are related to questioning, and it is only required to be read if the individual is going to be interrogated.
If an individual is not yet under arrest, there is no legal requirement to be warned of Miranda Rights. This means that law enforcement can ask anything they want and the information can be used against an individual in court. However, a person accused of a crime does not have to answer any questions that may incriminate them even if they are not yet under arrest.
Never Wait to Call a Criminal Lawyer
When someone is accused of a crime, it is always best to speak to a criminal defense attorney before making any statements to the police. Having a criminal attorney present can help protect an individual’s rights.
How do you Find the Best Criminal Lawyer?
Finding the best Midlothian criminal lawyer depends on more than a quick search of “criminal lawyers near me.” When you are looking for a skilled and qualified criminal lawyer, look for these things:
- Experience in similar offenses
- Conducts thorough investigation
- Exceptionally well versed in finding holes within the prosecutor’s case
- Aggressive and a well-prepared defense
- Knowledge of law enforcement practices
Every case is complex, unique, and life-changing. Ultimately, the right defense lawyer is the one that is suitable for you and able to handle your case. Having extensive and multi-faceted knowledge of law enforcement, prosecution, and defense, lawyers McCarty-Larson aggressively defends their client’s rights and interests. For more information, contact the office at (972) 775-2100