Even if you have never been arrested, chances are that you know about the Miranda Warning, sometimes called Miranda Rights. Any cop show worth its salt includes the warning in its 60 minutes of air time. But what do you really know?
You Have the Right to Remain Silent
When you are told that you have the right to remain silent, you absolutely do. This means that you have the right to refuse to answer any question posed to you by the officer speaking to you. Use the right.
Anything You Say Can and Will…
You will be told that anything you say is going to be used against you in court. It is not an empty threat. If you say something that incriminates yourself or someone else, expect it to come back to haunt you.
You Have the Right to an Attorney…
You do have the right to an attorney, but the police do not have to bend over backwards to find you one. This statement means that you do not have to answer questions without an attorney present. If you cannot afford an attorney, you can wait until the court appoints you one before you agree to be interviewed by the police.
Waiving Your Miranda Rights
Once you have been told what your rights are, you may choose to waive them. This is rarely, if ever, suggested by attorneys. Once you waive your rights and choose to speak to the police without representation, you are taking your case in a whole other direction.
I Wasn’t Read My Rights
Many people mistakenly think that they must be read their rights as soon as they are placed in custody. This is thanks to television dramas in which police officers read the Miranda Warning as soon as they slap the cuffs on a suspect. In reality, the police are not required to read you the Miranda Warning unless they plan to interrogate you.
There are exceptions to the rule. If, for instance, you are arrested for DWI, most of the evidence against you has already been collected. The police, in this instance, are not required to read you your rights.
If you have been arrested in Orlando, you need an experienced criminal attorney on your side. Call our offices today so that we can review the facts of your case. We are here to fight for your freedom. Call us now.