If you ever watched a movie or TV show that showed an arrest, you have heard the Miranda Rights being read. We all know the basics of it, but let’s look at this warning a little more, and dispel some of the misconceptions.
The Miranda Warning is simply and explanation of the person’s rights that are given before any interrogation can begin.
“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?”
If a person does not understand these rights, then it is best to speak up and say so, have it explained. But once it is understood, my best advice is to politely stop talking. Do not explain anything or make any remarks that may be used against you. Stop talking and call an attorney.
In 1963 Ernesto Miranda was arrested and charged with the kidnapping and rape of a woman, he had a prior record as being a peeping tom. He confessed to the crime but soon recanted saying he was forced and coerced into confessing. He was found guilty, but the ACLU picked up his case and appealed it. In Miranda v. Arizona (1966) the Supreme Court found that his Fifth Amendment rights had been violated. The Fifth Amendment to the United States Constitution covers several issues, which include the right to due process, double jeopardy, but significant to this case because it protects the individuals from self-incrimination. Miranda was re-tried and once again found guilty – but the Miranda Rights were born.
An arrest can occur without the suspect being Mirandized, if the police later decide to question the suspect, the rights will be read at that time. A person may still be asked common information such as name and age, and can be searched, for the safety of the officer.
It is a myth that if a person is not read their rights that they will not be found guilty of any charges. It only means that the self-incrementing confession may not be used against them; it has nothing to do with protecting them against the punishment as a whole.
If you are arrested and read these rights, please take the advice and do not say anymore. Call us immediately at The Law Offices of Travis Koon. We are criminal defense attorneys in Florida and can speak with you about your case. We are located throughout Florida with offices in Miami, Lake City, and Gainesville. Before you tell your side of the story, always call and attorney and tell it to us first. We are here to help you through this trying time.