If you’ve ever watched a crime show, you’ve probably heard the phrase, “You have the right to remain silent.” However, many people are unsure when Miranda rights actually apply or what they should do if police begin asking questions.
These rights originated in Arizona through the landmark U.S. Supreme Court case Miranda v. Arizona. Understanding how they work can help you protect your constitutional rights during a criminal investigation. Here’s what you need to know.
What Are Miranda Rights?
Miranda rights are a set of warnings that law enforcement must give you before conducting a custodial interrogation. These protections come from the Fifth and Sixth Amendments to the U.S. Constitution.
Before police can question you while you are in their custody, they are required to tell you the following:
- 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 have a criminal defense attorney present during questioning
- If you cannot afford an attorney, one will be appointed for you
These warnings exist to ensure people understand their rights before they say anything that could be used against them.
When Do Miranda Rights Apply?
One of the biggest misconceptions about Miranda rights is that police have to read them the moment they place you under arrest. That is not actually the case. Miranda warnings are required only when both conditions are true at the same time. First, you must be in police custody; second, the police must be interrogating you.
If you are pulled over during a routine traffic stop on suspicion of a DUI, for example, police do not need to read your Miranda rights before asking basic questions. The same goes for casual conversations and situations where you volunteer information on your own. Anything you say voluntarily can still be used against you, even without a Miranda warning.
How To Invoke Your Right to Remain Silent
Simply staying quiet is not always enough. Arizona courts and federal law generally require you to clearly state that you are invoking your rights. You can say something as straightforward as “I am exercising my right to remain silent” or “I want a lawyer before answering any questions.”
Once you clearly invoke either of those rights, police are required to stop questioning you. If they continue questioning you anyway, a criminal defense lawyer may be able to challenge the admissibility of anything you said after that point.
What Happens if My Miranda Rights Are Violated?
A common belief is that charges get thrown out entirely if police fail to read your rights. The reality is more limited than that. If law enforcement skips the Miranda warning before a custodial interrogation, any statements you make during that questioning can potentially be excluded from evidence. This is known as the exclusionary rule.
That suppression of evidence can still have a major impact on your case. Without a confession or key admissions, prosecutors may have a much harder time proving the charges. In some situations, it can even lead to a dismissal if the suppressed statements were central to their case.
Contact the Tucson Criminal Defense Lawyers at Katsarelis Law Criminal Defense Attorneys for Help Today
If you believe your Miranda rights were violated during an arrest, Katsarelis Law Criminal Defense Attorneys can help. Our Tucson criminal defense attorneys can review the details of your case and work to have any unlawfully obtained evidence excluded whenever appropriate.
Contact us today to schedule a free consultation to learn more. The sooner you speak with an experienced criminal defense attorney, the sooner you can begin protecting your rights and building a strong defense.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
