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Understanding your Miranda Rights: What You Need to Know (Part 1 of 4)

by | Nov 8, 2023 | Criminal Defense |

Have you ever found yourself in a situation where you’ve been arrested or detained by law enforcement? If so, you may have heard the term “Miranda rights” being thrown around. But do you truly understand what they are and why they are so important? In this blog post, we will provide an overview of your Miranda rights and shed light on the landmark Supreme Court case that established them. Whether you’re facing legal troubles or simply seeking knowledge about your rights, this article will serve as a valuable resource.

Understanding Your Miranda Rights

Your Miranda rights are a set of constitutional rights that must be read to individuals who are taken into custody or subjected to custodial interrogation by law enforcement officers. These rights originate from the Fifth Amendment of the United States Constitution, which protects citizens from self-incrimination. The specific wording of these rights is as follows:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be provided for you.

These seemingly simple statements hold immense significance when it comes to protecting your legal interests during police interrogations.

The Landmark Supreme Court Case: Miranda v. Arizona

The roots of your Miranda rights can be traced back to the watershed Supreme Court case of Miranda v. Arizona in 1966. This case involved Ernesto Miranda, who was arrested based on circumstantial evidence linking him to several kidnappings and sexual assaults in Phoenix, Arizona.

During his arrest and subsequent interrogation, Miranda confessed to his crimes without being informed of his right to remain silent or consult an attorney. Based solely on this confession, he was convicted and sentenced to prison.

However, the Supreme Court recognized that such confessions obtained without informing the suspect of their rights could potentially violate the Fifth Amendment. In a landmark decision, the Court ruled that law enforcement officers must inform individuals of their Miranda rights before conducting custodial interrogations.

The Miranda warning serves as a protective shield for individuals, ensuring that they are aware of their rights and enabling them to make informed decisions during police questioning.  If you’ve been arrested and are facing criminal charges call our office today at 504-434-7000.  We’ll review your case to make sure your Miranda rights were properly issued.