Articles Tagged with miranda rights

kristina-flour-185592-copy-300x192Even though a police officer is required to read you your Miranda Rights, that does not mean that you have to speak to the officer arresting you. It is the officer’s job to read you your rights. You then have the right to remain silent. It is the very first right that is read to you when the officers Mirandize you. Today, we will take a look at why you should invoke your fifth amendment rights and remain silent when being arrested for a crime in Chicago.

How can I Invoke My Rights?

Ironically, the best way to invoke your right to remain silent is to speak up and say as much to the police officer arresting you. Some examples of what you could say to the officer include the following:

nicolas-barbier-garreau-256433-copy-300x240Getting arrested is never easy. Even if you were arrested for a minor infraction, it is still a stressful process that can have you worried about your rights and how long you will be held. Many are under the assumption that if they were arrested and not read their Miranda rights that they can have the charges dropped. This is not the case. The charges can still be filed against the defendant, but there are some things that the prosecution will not be allowed to do, which we will discuss below.

What are Miranda Rights?

First, we should define what Miranda Rights are so that you understand your rights and what a police officer is supposed to read to you when placing you under arrest for any crime. During every arrest you must be read the following:

nicolas-barbier-garreau-256433-copy-300x240If you are a fan of TV crime drama, you have probably come across this phrase: “You have the right to remain silent. Anything you say can and will be used against you. You have the right to an attorney. If you cannot afford one, an attorney will be appointed for you.” These are a part of the Miranda Rights that the police are supposed to read out for you in the event of an arrest.

What Exactly are Miranda Rights?

The rights come from the Fifth Amendment right to be free from self-incrimination and the Sixth Amendment right to counsel. The name “Miranda” is derived from a case that was held in the Supreme Court known as Miranda V. Arizona. The Miranda Rights include the following:

POLICE CAR- BLUE LIGHTS“You have the right to remain silent. Anything you say may be used against you in a court of law.  You have the right to an attorney.” The Miranda warning, or Miranda rights, are probably familiar to anyone who has watched police dramas or true crime shows on television, but the practical aspects of them are often misunderstood.

History

People in the United States have the rights under the Fifth Amendment against self-incrimination and under the Sixth Amendment to an attorney when they are being accused of a crime by law enforcement. The Miranda warning developed out of a Supreme Court holding in Miranda v. Arizona, 384 U.S. 436 (1966) which set out that in order for a statement made to law enforcement officers to be admissible in court the accused needs to be made explicitly aware of these two rights. The Miranda warning statement thus serves two purposes. First, it defends the accused by notifying them of their rights, and second it ensures that any statements that the accused makes to the police will be admissible in court.