Miranda Rights first started when a man with the last name Miranda was called into questioning for kidnapping and rape. Two police officers interrogated him for two hours, which resulted in a signed confession of this crime. Before questioning, he did not get any rights read that stated he could ask for an attorney or plead the fifth amendment. He was sentenced to 20-30 years in prison, even though the statement he gave was not voluntary due to his rights not being read. For this reason, the Miranda Rights were introduced to the Supreme Court in the Miranda vs. Arizona, where the Supreme Court ruled that under interrogation, the Miranda Rights must be read to anyone who gets arrested and is put under questioning.
You may have heard them on the television or aloud before, “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?”
These are Miranda Rights and should be read when someone is getting arrested. But, when and why should they be read? And what should you do if your Miranda Rights aren’t read?
Let’s take a look.
What If My Miranda Rights Aren’t Read?
If your Miranda Rights are not read when you are arrested, and the police officer or detective decides to question you after a crime is being committed, then the first thing you need to remember is to keep calm. Whether you committed the crime or not, you do not want to say anything that will help you be proven guilty, so remaining calm is essential. After you get ahold of your emotions, you need first to plead the fifth amendment (which means you do not say anything) and ask for a criminal defense lawyer in Fort Lauderdale. You do not want to say anything without legal counsel present because they are experts in their field and will do their best to give you the best legal advice to get you through your trial (if there is one).
Asking for legal help should always be your first choice when getting arrested. Without proper legal help (even with your Miranda Rights being read), there is a chance that you can be proven guilty for your crime.
When Should Miranda Rights Be Read?
Miranda Rights should be read to someone getting arrested, but they only need to be read if the police officers intend to question or interrogate the person after the arrest. If the police officers do not intend to interrogate the person, their Miranda Rights do not need to be read. For example, if someone is caught trespassing on someone else’s property and they are arrested, the police officers think they will need to question the suspect. Their Miranda Rights will need to be read so they are aware of what they have to answer and what they do not have to answer. If the police officers decide not to read the person their Miranda Rights but decide later that they need to question the perpetrator, then before questioning the person, they will need to read them their Miranda Rights.
Although, if you are arrested for a crime, and you start to incriminate yourself before your rights are read (and after), then anything you say can be used against you in your court. For example, if you are arrested for trespassing and you start making excuses about why the crime was (or was not) committed, then whatever you say can be used in court.
The police officer is allowed to ask the person what your name, address, age, etc. are, and is allowed to search them if they think they are in danger, but as far as questioning the acts of the person, the Miranda Rights must be read before questioning can happen.
Why Are Miranda Rights Read?
Miranda Rights are read to someone being arrested, so they know their rights. When you are read your Miranda Rights, this means you know that it is optional for you to say anything to the police officer or detective who is questioning you. Getting read your Miranda Rights means you have the option to plead the fifth amendment and not talk to the police officer or detective without a lawyer present. You have the right to have legal counsel present before being questioned by anyone. You can also plead the fifth amendment, which means you do not have to say anything.
