Three Things You Should Know About Your Miranda Rights
If you have ever seen any of the various law enforcement shows on TV, you have probably at least heard of your Miranda rights. The 1966 Supreme Court case Arizona v. Miranda further enforced that a police officer is required to notify you of your constitutional rights when you have been taken into custody. The case involved a young man, Ernesto Miranda, who was a suspect for rape and kidnapping. Before police informed him that he had a right to an attorney and the right to remain silent, he confessed to the crimes. This was a landmark case in the Supreme Court that is still upheld today and affects the way all criminal cases take place now. Here are a few things you should know about your Miranda rights:
- Your Miranda Rights are Your Constitutional Rights: The U.S. Constitution guarantees citizens certain rights, some of which are the basis of your Miranda rights. You always have the right to remain silent, the right against self-incrimination and the right to seek legal representation. There is no situation in which you do not have the freedom to exercise your Miranda rights.
- The Police are Legally Required to Inform You of Your Rights: This is one of the areas that the general public is often misinformed on. Police are required to inform you of your Miranda rights, but only after you have been arrested and before you are questioned. After they read you your rights, they must also get a response from you that you have acknowledged that you were read your rights and you understand them.
- Any Information Gathered Before You are Read Your Rights Might be Inadmissible as Evidence: If police begin to question you prior to your arrest and you offer up information, this can be used against you if you are prosecuted. However, if you have been arrested and you were not read your rights, any information that is gathered from you will most likely be inadmissible as evidence in court. Likewise, if a police officer uses force to get information from you, this will also be inadmissible as evidence.
Your Miranda rights are rights that are given to you by the U.S. Constitution. If you are taken into police custody or you are questioned by police, you have the right to request legal representation from a skilled Cook County criminal defense lawyer. At the Law Office of John S. Fotopoulos, P.C., we can help you exercise your rights and provide you with the legal advice that you are entitled to. Call our office today at 708-942-8400 to schedule a free consultation.