The term “Miranda Rights” is an important aspect in criminal defense matters. Miranda Rights were defined as the result of a United States Supreme Court case. In this case, the Court refers to constitutional rights that grant you the right to a criminal defense attorney and the right to remain silent. This is a landmark case and is perhaps one of the most significant decisions made in an effort to protect the accused from government coercion. Although you have a right to be read your rights, being read those rights is limited to certain situations.
What Are Miranda Rights?
As a result of the Miranda case, police have a duty to inform you of your constitutional rights in police custody. Your Miranda Rights are:
- The right to remain silent
- Anything you say can and will be used against you in a court of law
- The right to an attorney
- If you cannot afford an attorney, one will be provided for you
These rights are important to remember if you ever face an arrest.
How Do The Rights Protect You?
If you have been arrested by the police and are in custody, Miranda rights are meant to remind you of your right not to answer police questions. This is meant to prevent you from potentially incriminating yourself with something you say to the police. Keep in mind that Miranda Rights protect you only once you are in custody and being questioned by police officers. Miranda Rights are not required to be read by police officers at a traffic stop or if you are not in custody.
Because an arrest can be overwhelming, you might feel like defending yourself to the police. You might be tempted to explain what happened or how you had nothing to do with the incident. It is imperative, though, that you do not say anything to police officers without first talking with an attorney. You have a right to an attorney, even if you cannot pay for one. When you are in police custody, you must ask for legal representation. An attorney will be able to keep you from saying anything that could implicate you or impact your future defense.
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When Do Miranda Rights Apply?
In criminal matters, Miranda Rights apply to anything you say while being questioned in police custody. If you say something to a police officer spontaneously, without being directly questioned, this is not protected. These statements made without being prompted by police questioning cannot be blocked later in court.
It is crucial that you do not say anything to the police, even if it seems like they are being friendly and making conversation. If you are ever in police custody, remember that silence is crucial. If you choose to say anything to the police, be sure to have an attorney with you who is aware of your rights and can protect you from accidentally incriminating yourself.
Does An Officer Have To Read Your Rights?
Officers do not have to inform you of your Miranda rights until after you have been arrested. However, if the police do not remind you of your Miranda Rights, any statement made during questioning cannot be used against you at trial. Please keep in mind that anything you say before you are in custody can be used in court against you.
Even saying something you think is small could result in a conviction down the line. Police are trained to gather incriminating information from you. What seems like an innocent conversation could be setting you up for failure.
Criminal Defense Lawyers In Tulsa
If you face criminal charges, it might feel like your whole life is on the line. The impact of being charged with a crime can be intense. It is important to consult with experienced Oklahoma criminal defense attorneys who can explain your options and rights and strategize a solid defense. Seasoned Tulsa criminal defense attorneys at Kania Law Office can assist you throughout all the stages of your criminal case. For more information about how our Oklahoma criminal defense attorneys can support you, call 918-743-2233 or contact us online
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.