Most people have seen at least part of a police procedural show. During many of these episodes, one of the characters will say, “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.” These statements, or similar ones, are known as Miranda Rights.
The Miranda Rights were established after the landmark Supreme Court case Miranda v. Arizona after a man was arrested and confessed after two hours of questioning. However, the suspect was never told he didn’t have to speak to the police, nor did the defendant understand he could consult with a lawyer; he simply confessed to the crimes and was found guilty.
Now, whenever the police make an arrest or need to interrogate a suspect, they need to read the person their Miranda Rights. This recitation informs the person they have the right to remain silent, so they don’t incriminate themselves. Likewise, they have the right to ask for an attorney to be present, so someone is there to ensure they have legal counsel when they need it. Whether or not you can afford to hire your own attorney, you must be provided with one. So if you can’t hire a lawyer, the state will provide you with a public defender.
If the police don’t read you your rights, anything you say or confessed to cannot be used against you in the case. However, the police don’t need to read you your Miranda Rights until you are being interrogated or are under arrest. Exercise caution whenever law enforcement is talking to you. They could be investigating you as a suspect without your realizing it.
If your rights have been violated, talk to one of our skilled Cleveland criminal defense lawyers. Patituce & Associates has more than 30 years of legal experience to offer your case. We also never settle for less for our clients, so we will do whatever is in our power to meet your legal goals. Talk to us about your situation, and we can offer advice and legal advocacy to help improve your situation.
Contact us at (440) 709-8088 or fill out our online form to schedule a free case consultation with us today.