Criminal Defense

What about my Miranda Rights?

By March 18, 2020May 1st, 2020No Comments

“Read him his rights!”

You’ve probably heard this phrase on cop shows or in movies before.

Miranda rights are in place to protect you from incrimination when you’re dealing with the police. They serve as reminders of the 5th Amendment, which is also invoked in movies and TV. But what are the rights included in the 5th Amendment, and how should you use them when dealing with the police?

What is the purpose of the Miranda rights?

When you’re arrested, an officer should read you the Miranda rights, meaning that you are not obligated to speak with them. However, the same is true for when an officer asks you to come down to the station to answer questions, or when you are being interrogated anywhere else.

So what are my rights?

The rights read in the Miranda warning are as follows:

  • 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 appointed for you.

These rights are referred to as Miranda rights because of a 1966 U.S. Supreme Court case in which Ernesto Miranda confessed to a crime without understanding his rights.

The Miranda warning serves as a reminder of the rights laid out in the 5th Amendment, which states that “No person …  shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” This is interpreted with the following rights:

  • The right to remain silent.
  • The right not to answer any questions.
  • The right to an attorney. (If you cannot afford an attorney, one will be provided for you.)
  • The right to not incriminate yourself.

How can I avoid these issues altogether?

The most important thing to remember is that even when you feel like you have nothing to hide, speaking with a police officer can be self-incriminating. The officer who’s trying to talk to you may have a different opinion of your actions, and they may be trying to get you to talk so that they can make their case.

Many people have a misconception that if they just cooperate with the police, then everything will work out. At the Frye Law Group, we have found that the opposite is the case. The more you talk to law enforcement, the more likely you are to get charged and to get prosecuted.

That’s why it’s important if a police officer wants to speak with you, you tell them you want to speak to a lawyer. But then you need to actually call a lawyer and have one let you know if it’s okay to speak with the police.

Call the Frye Law Group today

When a police officer is questioning you, he does not necessarily have your best interest at heart. That’s why you need someone protecting your rights and your interests. Give us a call at 770-919-9525 today to get the Frye Law Group on your side.

Directions:

From I-75: Exit at the Highway 120 (South Marietta Parkway) (Exit #263) and follow the signs to KSU Marietta Campus.

You will be headed west and cross over Cobb Parkway (US 41).

Continue until you get to the intersection with Atlanta Street.

At the traffic light turn right onto Atlanta St. (going north).

Atlanta Street will take you straight to the Marietta Square.

Prior to entering the Square, you will see Anderson Street a block before the Square.

Turn Right onto Anderson Street. The Lawyer’s Building will be on your right.