Most people have heard of the Miranda warning, but it is important to understand what it means and what to do if you have been arrested. Invoke your right to remain silent and then contact a California criminal defense lawyer.
When law enforcement officers arrest someone in television shows or movies, you likely hear them tell the arrestee that they have the right to remain silent, anything they say can and will be used against them, and they have the right to an attorney. Collectively, this is referred to as a “Miranda warning,” and the law requires officers to give this warning to ensure that anyone in a custodial situation understands their rights.
Getting arrested can be a traumatizing experience, and it can be difficult to know what to do to best protect yourself. Never hesitate to invoke your Miranda rights, refrain from answering police questions, and call a criminal defense lawyer as soon as you possibly can. Feel free to call DeLimon Law offices if you are nearby Riverside or San Bernardino.
Brief History of Miranda Warnings
In 1966, the Supreme Court of the United States (SCOTUS) ruled on the landmark case of Miranda v. Arizona. In a time when police officers commonly used highly intimidating methods of interrogation to get confessions, Ernesto Miranda confessed to several serious offenses after police used such tactics. SCOTUS overturned the conviction and sent the case for a retrial, holding that individuals in custody must be informed of their rights prior to police interrogation.
While the specific wording of a Miranda warning can vary from situation to situation, the general idea must include:
- Informing the suspect of their right to remain silent under the Fifth Amendment
- Informing the suspect of their right to counsel under the Sixth Amendment
What Happens if You Do Not Receive this Warning?
If police officers fail to properly issue the Miranda warning to someone who is being questioned in a custodial situation, it can impact any criminal case that follows. Any answers you give to police without being Mirandized should be kept out of evidence to prove any criminal charges.
- An officer arrested you and started asking questions about the alleged offense without informing you of your Miranda rights
- You then say something incriminating during police interrogations
- If you are charged with the offense, a skilled criminal defense lawyer can seek your answers to be inadmissible as evidence because the questioning was in violation of your rights
- If the prosecutor was relying on your answers as evidence, they might have a much weaker case or even dismiss the charges
Should You Invoke Your Miranda Rights?
Many people think that stating they decided to stay silent and call a criminal defense attorney will make them appear guiltier. However, the authorities cannot use this decision against you in a criminal case, and you should not hesitate to invoke these rights. Politely inform the officers that you are invoking your right to remain silent and to counsel, and then seek help from a Riverside criminal defense attorney right away.
Developing a Criminal Defense Strategy to Fit Your Unique Needs
There isn´t a law firm in California that can guarantee results, but the Riverside Criminal defense Lawyer from DeLimon Law can offer you the expertise that you need. It’s a matter of examining every aspect of the physical evidence including police reports, interrogations, witness’ testimony, weighing the client’s options for dismissal if the prosecution cannot proceed with the legal process, and lowering charges when they come to a conclusion.
Speak with a Criminal Defense Lawyer Right Away
At DeLimon Law, our Top-rated criminal defense lawyers can begin protecting your rights immediately after an arrest, and you should not wait until you are charged to seek defense representation if you are in Riverside, San Bernardino, or nearby. Call 951-777-9104 or contact us online to discuss how we can assist you.
Daniel DeLimon is a criminal defense attorney in California serving Riverside and San Bernardino, California residents and nearby areas. A former prosecutor with over 17 years of experience and widely respected by the legal community and served as a homicide attorney in one of the nation´s largest district attorney´s offices.