The recent capture of Boston bombing suspects fueled Miranda Rights into the spotlight as well. Here’s what you should know if you’re ever arrested, brought to custody, or interrogated by a law enforcement officer.
The Right to Remain Silent
“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?”
What Happens If You Were Not Read Your Miranda Rights?
Individuals have the right to remain silent, or exercise their Miranda rights when they’re either under arrest; or being questioned by the police – otherwise known as a police interrogation. If the police officer fails to read a defendant’s Miranda rights in either of these settings, this can be used as a defense in court.
Additionally, testimonies given without a Miranda Right warning may result in its withdrawal as a valid evidence during trial. Defendants may choose to not disclose any information besides their identification.
It’s even advisable to do so, in order to avoid self-incrimination.
What Are Officers’ Rights?
Police officers have the authority to ask questions relating to a crime – however the interviewee has no obligation to answer these questions, and may also request an attorney.
John R. Grasso is familiar with both sides of these processes – including law enforcement as well as the legal proceedings.
Contact the RI criminal defense attorneys at 401-272-4001.
Reference Miranda v. Arizona.