What are Miranda Rights?

Your Miranda Rights are a set of rights granted by the Constitution. In the event that you are arrested, you should be aware of what your legal rights are. These include the right to avoid self-incrimination and the right to seek legal counsel.

The “Miranda Rights” receive their name from a man who was arrested, but was not aware of his legal right to avoid self incrimination, nor his right to counsel. Because of this, he signed a document admitting he committed a rape without the presence of a lawyer. When the prosecution tried present the document as evidence in trial, Miranda’s attorney objected to its admissibility. The document was written in a way that implied Miranda was aware of his rights when he really wasn’t. The Supreme Court later determined that the police violated Miranda’s constitutional right to legal counsel when they had him sign a legal document without the presence of an attorney. Furthermore, they violated his fifth amendment right to avoid self incrimination as a direct result.

Miranda Rights need to be read when arrestedIn many cases, police officers must now recite what are called a crime suspect’s “Miranda Rights” to him or her at the time of arrest. These include “the right to remain silent” and the right to legal counsel. While it is not always an absolute requirement to read these rights to individuals who are being arrested, most of the time officers feel obliged to do it.

Your right to legal counsel in the face of criminal charges is incredibly important. A criminal defense attorney will be intimately familiar with how to fight the charges against an accused criminal. He or she will more than likely fare much better in court as well, as the training an attorney must undergo is long and in-depth. The examinations that they take to become certified to practice law are difficult and require them to be knowledgeable. All in all, the various certification boards don’t allow just anyone to practice law.

Criminal defense attorneys are essentially tasked with protecting the rights of those who are charged with crimes. Their job is to do everything within their power to be certain that the court or legal process is not denying an alleged criminal his or her guaranteed rights while formulating an argument, based in law, that will free the defendant from the accusations.

One Response to “What are Miranda Rights?”

  1. http://www.ryanruehlebankruptcy.com/practice-areas/chapter-7-bankruptcy/ says:

    Thank you for the information. I don’t think many people know why the Miranda rights are set into place.

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