You Have the Right to Remain Silent

“You have the right to remain silent.” Most of us have heard these words before and understand that they are used to advise people who are under arrest of their rights. This initial sentence is the first part of warnings known as the “Miranda Warnings,” which are used by police to ensure that they comply with the requirements of the 5th Amendment of the United States Constitution. Below are some answers to commonly asked questions about the Miranda Warning and how it operates.

Where does the Miranda Warning Come From?

The Miranda Warning came out of a Supreme Court case known as Miranda v. Arizona, which was decided in 1966. In that case, the court determined that the 5th Amendment’s privilege against self-incrimination required that law enforcement officers are required to advise a suspect of his or her rights in certain situations. The requirement exists when a person is in police custody and is under interrogation.

What Happens if the Police Fail to Give you a Miranda Warning?

If the police fail to properly issue Miranda Warnings to a suspect, any evidence that they gather against them through the course of an interrogation will likely be excluded from any proceeding against them. Typically, Miranda issues arise when a suspect confesses to a crime in the course of interrogation and then later claims the confession was false. The legal issues that arise in these cases often include whether a suspect was properly Mirandized, when he or she was Mirandized, and whether the warning given was effective and sufficient in light of the Miranda decision.

Do I Need a Lawyer to Claim a Miranda Violation?

There is no rule requiring people who believe their rights were violated to retain an attorney, but because of the highly technical and complicated nature of legal challenges arising under Miranda, it is highly advisable to do so. As you can see, the requirements for Miranda Warnings involve very complex legal ideas, so having an attorney who understands criminal procedure can be of immense help in your case.

Contact a New Jersey Criminal Defense Attorney Today to Discuss Your Legal Options

If you have been accused of a crime and believe that your constitutional rights have been violated by law enforcement, you should speak with an experienced attorney as soon as possible. A New Jersey criminal defense attorney will have the knowledge and skill necessary to bring your case to a favorable outcome.

From the Author: Right to Remain Silent

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