Everyone is familiar with the concept of Miranda rights from watching television. The police officer should tell you that you have the right to remain silent, that anything that you say can and will be used against you in court, and that you have the right to an attorney.
What Miranda rights mean is that police cannot interrogate you when you are not free to go without telling you that you have the right to a lawyer. If you tell police that you do not wish to speak or that you want a lawyer, they must end their questioning of you.
While police should always read your rights, they often have tricks to try to ask your questions before they formally take you into custody. They have seen years of court decisions since Miranda rights were first declared by the Supreme Court, and they have become experts in trying to get around them. From your standpoint, you should know that you never have to speak with a police officer if you do not want to do so. In many cases, there is no upside to answering questions because they will use what you say against you. Once you say it, you may not be able to take it back.
If your rights have been violated, it does not necessarily mean that the charges against you will be dropped. It just means that the police could not use the statement that you made against you or anything that they learned as a result of it.
Contact a Marin County Criminal Defense Attorney Today
The Mason Law Office can vigorously defend you when you are facing criminal charges. You should not go through the process alone. To speak with an attorney, you can call us today at 833.770.1372 or send us a message online.
