Nearly everyone can recite almost word-for-word what police say when arresting a suspect after years of watching police shows and Law and Order. However, they may not know why police must say these words and their meaning. These are called Miranda Rights. The name comes from a Supreme Court case that declared these to be a defendant’s constitutional rights.
Many suspects do not know what to do after being arrested. Law enforcement may ask innocent questions or interrogate the suspect, knowing that they can use whatever the person says at their trial as evidence to convict them. This is seemingly unfair to a defendant who may not know not to answer an innocent question or thinks that they can talk their way out of trouble.
Your Legal Rights After an Arrest
An arresting officer must read the suspect their Miranda rights. They tell a suspect that they:
- Have the right to remain silent
- Anything they say can and will be used against them in court
- They have a right to a lawyer
- If they cannot afford a lawyer, one will be provided to them
If the officer does not inform a suspect of their rights, any evidence that law enforcement has obtained as a result cannot be used. If the suspect said something without being warned that what they say can be used against them, that evidence can be suppressed. In many cases, these can be very gray areas because the police will try to innocently sneak in a statement to get the suspect talking before they read their rights. Law enforcement knows exactly what the line is, and they often try to ride it.
Contact a Sacramento Ca. Criminal Defense Lawyer
If you have been charged with a crime, you need a lawyer to protect your legal rights, especially when there are issues of illegally obtained evidence. Call the Mason Law Office at (833) 717-1127 or contact us online to discuss your case.