This article brought to you by Canan Law, the most respected team of St. Augustine attorneys specializing in criminal law.
?You have the right to remain silent.? The phrase is commonly known, but the Miranda rights, also called the Miranda warning, are probably the most important legal requirements of law enforcement when it comes to protecting the Constitutional Rights of citizens.
In 1966 the U.S. Supreme Court issued the landmark decision in Miranda v. Arizona that a person under arrest must be notified that he or she is not obliged to answer questions from law enforcement which may lead to self-incrimination. Under the 5th Amendment to the U.S. Constitution, citizens are not obliged to make self-incriminating statements.
Accompanying the notification that a person has the right to remain silent while under arrest, the person must also be told that anything said may be used against him or her, he or she has the right to an attorney, and that in the event he or she cannot afford an attorney, one will be provided.
A person can be arrested without hearing the Miranda rights. Police only need probable cause to make an arrest, but the Miranda warning allows them to interrogate a detainee.
Law enforcement officers may ask for simple information such as name and address, before reading the Miranda warning to a person in custody. Any further probing will be inadmissible in court unless the suspect has heard and waived his or her Miranda rights.
Florida is one of a handful of states which have gone a step further in ensuring protection of a person?s 5th Amendment right by requiring law enforcement personnel to follow the Miranda warning with two questions: ?Do you understand each of these rights as they were explained to you?? and, ?Having these rights in mind, do you wish to speak with us now??
Once the Miranda rights have been given to a person in police custody, the police may ask questions pertinent to the case without the suspect?s legal counsel present. However, the arrested person is under no obligation to answer these questions.
Even if a person chooses to waive his or her Miranda rights initially, they can be re-invoked at any time during the interview, putting an end to further questioning.
Emotions like fear and anxiety tend to be overwhelming during an arrest. Many people reactively attempt to give police an explanation right away, but the best thing to do is speak with your attorney before speaking with law enforcement about your case. Invoke your 5th Amendment right by declining to answer questions after the Miranda rights have been given, and request an opportunity to speak with your lawyer.
Your attorney works for you, and the team at Canan Law is always ready to put your precious rights first, ensuring that you receive the due process guaranteed to every citizen by the U.S. Constitution.
Canan Law is the most respected team of St. Augustine attorneys specializing in criminal law. Ask your legal question today with our website?s live chat feature!
Source: http://www.staugustinecriminallawyer.com/blog/know-your-miranda-rights/
acc tournament big ten tournament big east tournament 2012 solar storm solar flares spanx aurora borealis
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.