Miranda Rights: Understanding Why They're Read

A short paragraph could be the difference between freedom, and officers doing their jobs. While there’s growing speculation that accused person(s) shouldn’t have rights, the Constitution protects the fact that they do. There’s no shortage of terrible police brutality stories, even stories of retaliation against police.

Could something as simple as knowing your rights save lives? We explore reasons why Miranda rights are read.

Self-incrimination

To the innocent person, being accused of a crime is already bothersome. Having police detain you for these accusations makes lives even worse. If those accusing you of a crime are unsure if you’ve committed the crime, they’ll be looking for any opportunity for person(s) of interest to self-incriminate. Once you’ve spilled the beans, admitting statements to court and absence of truth may be just enough to get an innocent person convicted.

Knowing that the Constitution allows you to maintain silence during the process of being arrested and questioned help propel the United States vs Miranda law into action. Many law enforcement officials follow protocols and allow individuals to know their rights, while many others do not, for reasons nobody can pinpoint other than negligence.

Let the accused know, they’ve got options

Individuals accused of crime often don’t know they have options whether guilty or innocent. For example, many don’t realize an attorney can be present immediately at the police station when you’re being questioned. Others don’t know that every word spoken in the squad car, interrogation room or even walking between the two can be used against them. Moreover, some don’t even know the power of silence.

Miranda rights clearly outline what arrested individuals are entitled to. They serve as a backbone to the judicial process, offering everyone, equal opportunity to fair representation and treatment during due process. Individuals knowing their options keeps the scales of justice fairly even.

It’s illegal not to have them read

Court cases have been thrown out because one’s Miranda rights were never read; even civil suits have arisen because people felt that their civil rights were violated or their arrest was unconstitutional. Having your rights read to you is an important part of the police officer’s job, because it establishes fairness whether persons are under arrest or detained for questioning. Besides, until state and federal laws change, it’s illegal to not inform individuals of their legal rights.

Accused or detained person should take note if they’ve been placed under arrest or are being questioned without full disclosure of their Miranda rights.

What you can do

First, never resist a public service officer who is authorized to detain you. Never retaliate against those cops by use of violence. As Los Angeles injury attorneys, we respect the men and women who put their lives on the line each day to protect those who cannot fend for themselves - our job is simply to fairly represent the accused according to the Constitution and common laws of the United States.

That said, it’s important to take mental notes of the entire questioning and/or arrest process. Get a sense for what the officers are trying to accomplish, how they’re treating you, and what they’ve disclosed as your rights under Constitutional law. While it’s ‘he said, she said’, should an officer say anything detrimental or abuse you in any manner according to courts, criminal defense attorneys are adequately equipped with knowledge necessary to prove that certain actions took place that tainted the prejudicial process.

Don’t be afraid to ask questions, such as what specifically you’re being questioned or detained for, what specific rights you have, if loved ones or friends can be present during questioning – essentially, ask anything you feel will render answers. Should an officer fail to respond, they’re not wrong – remember, the law only states they need to inform you of your Miranda rights and not answer questions outside of those rights.

What attorneys can do

Put simply, attorneys can work diligently to get either cases or confessions dismissed from court should your Miranda rights not get conveyed to you during arrest, or before questioning commences. While many attorneys will not promise their services or case outcomes, sufficient grounds for dismissal exists when due process has been tainted.

To discuss your rights, potential range of penalties and protection of your citizenship privileges, contact the legal firm of your choosing immediately when you’ve been charged; if you’ve been arrested and are yet to make bail, direct your family to contact a qualified law firm which can expedite your due process through court.