![]() You have the right to have an attorney present Defense lawyers contend that many innocent suspects, intimidated by arrest and interrogation, may speak to police without realizing the danger. This can be tricky, as many times the only evidence against a defendant is a confession. Those who give up that right face the prospect that their statements will be used against them in court. Anything you say can be used against you in a court of lawĪll suspects have the right to remain silent. Suspects who state something like “my attorney has always told me not to give statements without him present,” may avoid the negative consequences of refusing to speak. In that case, silence can be seen as unusual and suspect. However, there is a term known as “pre-Miranda” silence, which occurs when a suspect has not be read his or her Miranda Rights and still remains silent. Silence cannot be used against defendants in court. If you cannot afford a lawyer, one will be provided for you at government expense."Įach state makes its own rules about exactly what must be told to suspects who have been arrested or are being held for interrogation by police, but the Supreme Court ruling requires these four points to be clearly communicated: 1. You have the right to speak to an attorney, and to have an attorney present during any questioning. Anything you say can and will be used against you in a court of law. The following is the standard Miranda warning: "You have the right to remain silent. The Miranda case did not establish new rights, but rather instituted further protection of Fifth and Sixth Amendment rights. ![]() Since this decision, police are required to recite the Miranda warning to suspects before any questioning is conducted. The Justices ruled that the statements Miranda made to the police could not be used as evidence against him because he had not been advised of his Constitutional rights. Miranda's conviction was appealed to the United States Supreme Court. ![]() He simply confessed to the crimes and was found guilty. When he was brought in for questioning, he was never told that had did not have to speak to police, or that he could consult with a lawyer. After two hours of questioning, Miranda confessed not only to the robbery but also to kidnapping and rape. Ernesto Miranda was arrested for stealing $8.00 from an Arizona bank worker. Miranda Rights are named after the landmark U.S. But do you know what they are and where they came from? Anyone who has watched a cop drama on television has probably heard of Miranda Rights. ![]()
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