Your Miranda Rights are a fundamental part of any arrest and can have a drastic impact on the legal proceedings that stem from that arrest. These rights apply to everyone arrested by the police, and the police generally need to inform you of them at that time. If they do not, certain things that happen may not be permissible in court.
What Miranda Rights Do You Have?
First of all, you should know that you have four basic Miranda Rights. They are as follows:
- The right to remain silent.
- The knowledge that what you say can be used in court.
- The right to legal representation.
- The right to an appointed attorney if you cannot afford one.
These rights are given, in part, to make sure that the legal system does not just serve those with means. Everyone should have a fair chance.
Will You Always Hear Them If You Are Arrested?
In short, no, you will not. If you watch police movies, they state the Miranda Rights during the arrest. In reality, you typically just need to know them before the police interrogate you. If you are in custody but they do not interrogate you, they do not have to read you your rights.
How Would Violations Keep Evidence Out of Court?
Say you are in custody and the police do not tell you that you have a right to remain silent. They start asking you questions before your lawyer arrives, and you think that you have to answer them. You confess to the crime when they ask if you did it because the police are in authority and you think you have to answer. That confession might be thrown out because the reality is that you did not have to answer and you did not realize you were harming your own case by doing so.
What Other Options Do You Have?
If you have been arrested and/or you are facing charges, you can see why it is so important to understand every aspect of the legal process. Make sure you know about all of the rights and defense options that you have.