In the United States, you have many rights that allow you to pursue certain opportunities and protect yourself from incrimination. Other individuals should not violate your rights, especially if you face a legal predicament. If you find yourself in a situation in which police officers take you into custody, your Miranda Rights may come into play. These rights can make a considerable difference in how your case proceeds.
An issue you may wish to understand when it comes to Miranda Rights relates to when the warning applies. If officers intend to question you about a situation after taking you into custody, they must ensure that you know your rights.
Some individuals may also refer to Miranda Rights as a Miranda Warning. No matter the phrase, the reading of these rights must inform you that you have the right to remain silent. The information you divulge during questioning can provide officers with a means to build a case against you. Therefore, you should understand that you do not have to answer any question posed to you.
Additionally, you should understand that you have a right to an attorney. Because you may not have extensive legal knowledge, an attorney could help you better understand your situation and when you should and should not answer questions. You may also waive this right if you do not wish to obtain legal representation or have an attorney appointed for you.
Violation of rights
A major violation of your rights could occur if an officer questions you without first informing you of your rights. If this occurs and you believe you have to answer the questions, the court may later deem that information inadmissible along with any evidence discovered based on that information.
For instance, if you face accusations relating to drug charges, and an officer questions you about the location of any drugs, he or she should first read you your rights. If you do not know your rights and provide information that allows police to find drugs or other evidence against you, you could challenge that evidence in court. The likelihood exists that the court will find that evidence unlawfully obtained and throw it out.
Because having an understanding of your rights could immensely help your case, you may wish to enlist the assistance of a knowledgeable legal professional. Speaking with an experienced attorney could ensure that you know your rights and could help you determine whether police violated those rights.