Read on to learn more about your Miranda Rights and reach out to our skilled Richmond criminal defense attorney.
What are Miranda Rights?
It is important to recognize that Miranda Rights are clear and direct. They state the following:
“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?”
When can I invoke my Miranda Rights?
In the event that an individual indicates in any manner, at any time prior to or during questioning, that he or she wishes to remain silent, the interrogation must stop. If the individual states that he or she wants an attorney, the interrogation must stop until an attorney is present. At that time, the individual must have the ability to confer with the attorney and to have him or her present during any following questioning.
When should the police read your rights?
Keep in mind that the police are only required to Mirandize a suspect if they plan to interrogate that person under custody. Arrests can happen without the Miranda Warning being given. If the police later chose to interrogate the suspect, a warning must be provided at that time. Their attention to this rule means a lower chance that a case will be overturned in court as a result of poor procedure on their part.
If public safety is an issue, questions may be asked without the defendant being Mirandized, and any proof gathered may be used against the suspect under this instance. The Miranda Warning is all about the examination and being protected from self-incrimination under the Fifth Amendment, not being arrested.
The person charged must still reply to questions asked about their name, age, address, etc. They can be explored in order to protect the police officer. Furthermore, a confession given before a suspect has been read the Miranda Warning may find that confession documented as evidence in court.
If you have been Mirandized and you waive your rights, suggesting you wish to speak to police freely without an attorney present, you can change your decision at any time and ‘plead the fifth,’ suggesting you no longer wish to answer questions, or that you have changed your mind and wish to have an attorney present after all.
In some circumstances, juveniles have the right to remain silent without their parent or guardian present.
Contact Our Firm
If you live in Virginia and have been charged with a crime, the time to speak with an experienced Richmond criminal defense attorney is now. Led by Attorney James A. Bullard Jr., our firm has fought on behalf of clients facing serious legal penalties for decades. We handle various criminal and traffic cases, including reckless driving tickets, DUIs, violent crimes, drug crimes, and so much more. Contact James A. Bullard Jr. P.C. today so we can begin formulating a comprehensive defense on your behalf.