The Miranda Warning is given whenever a person is being detained by the police prior to an arrest. Most people are familiar with at least the beginning of the Miranda Warning, but might not know how it can apply to them. It’s important to understand they do not have to speak with the police, they can request a lawyer, and that upholding their rights does not imply they’re guilty.
You Have the Right to Remain Silent
The beginning of the Miranda Warning states that a person has the right to remain silent and avoid answering any questions that could incriminate them. They are also warned that anything they say can be used in court later. A person is not required to speak with the police and should not do so to avoid self-incrimination. Even if the person is innocent, it’s important to uphold this right, as a misunderstood statement can easily lead to an arrest.
You Have the Right to an Attorney
The second part states that the person has the right to an attorney during questioning. They will be able to contact a lawyer before answering any questions asked by the arresting officer. They can contact a criminal law firm in DeKalb on their own for help or be appointed a public defender. It’s often better for the person to hire their own attorney so they can get help faster when possible.
Do You Understand the Rights?
This is the final part of the Miranda Warning and it questions whether the person understands what they’ve been told and if they wish to speak with the police despite their right to remain silent. If the person has any questions about their rights, they do have the right to ask them. However, it’s typically better for the person to simply stop speaking and wait until they can get answers from their own attorney.
If you have been questioned by the police and you need help handling the situation, you do have the right to an attorney. You will want to contact a criminal law firm in DeKalb right away to get the help you need to avoid self-incrimination. Visit now to find help.
