What Are The Miranda Rights And Their Purpose?

We all heard at some point that people who are arrested by the police have their Miranda Rights and the arresting officer usually reads those rights during every arrest. We have seen in thousands of Hollywood movies and TV shows and most of us know how those rights go: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The arrested person must give a definitive answer so as to let the officers know that he or she clearly understands Miranda Rights. Arrested person cannot remain silent, since it could indicate that he or she does not understand English and may require a translator. If that is the case, a professional translator will be appointed to the arrested individual and will read Miranda rights in his or her native language. With that said, if the arrested person will desire to remain silent, the interrogation process and the law enforcement officers are obliged to stop. Furthermore, if a person demands his or her lawyer and will talk to the police only after consulting an expert Los Angeles criminal defense lawyer, the interrogation should stop until the arrival of a lawyer. In addition, it is also important to understand that the law enforcement officers are only obliged to read the Miranda Rights in case they wish to interrogate the arrested person. They are not obliged to read those rights during the arrest. However, if they will need to interrogate the suspect in the future, they will need to read Miranda Rights loud and clear so as to avoid any overturned cases in the court of law. This is very important for the police, so officers usually remain vigilant during the arrest and before the interrogation.

If the law enforcement officers have reasons to believe that public safety is in question, they will have the right to interrogate the arrested individual right away, without reading his or her Miranda Rights. In fact, Miranda Rights are mostly used for protection against self-incrimination and they fall under the Fifth Amendment. One way or another, the arrested individual will have to tell the police his or her age, name, address and some other details. He or she will also be searched for safety reasons. Also, it is important to keep in mind that if the arrested person confessed to a crime he or she committed even before the reading of his or her Miranda Rights, this evidence will definitely be used in the court of law.

There are cases when the arrested person wishes to waive the Miranda Rights in order to speak freely with the law enforcement officers, without having an attorney around. However, this person can always “plead the fifth”, meaning that he or she had a change of heart and now demands to see a lawyer. Juvenile suspects in most states also have a right to remain silent until the arrival of their parents or legal guardians. Sure enough, it is best to use your legal rights and to contact professional Los Angeles criminal defense lawyers as soon as you can in order to avoid any unpleasant consequences. In case you wish to give your statement, you should first consult a truly experienced lawyer, who will tell you how to proceed and what kind of defense strategy you currently require. Do not neglect your Miranda Rights and do not underestimate them – they can save you from a lot of trouble, should you use them wisely. Therefore, feel free to demand to see your criminal defense attorney and consult him regarding any question you may have first. Only then, you can be confident enough to give your statement to the police, without having to worry about any unpredictable consequences. Miranda Rights can be very helpful, especially if you are an innocent man, who just happened to be in the wrong place at the wrong time.