Denton Criminal Lawyer

Your Miranda Rights

You’re in trouble. You were in the wrong place at the wrong time, and now you’re sitting in a holding cell at the police station waiting to be taken to the interrogation room. You don’t think you’ve done anything wrong, but what if you make a mistake under pressure? What if you get confused by this whole complicated process? What if you say something you don’t mean to say?

The good news is, you don’t have to, because of something called your “Miranda rights.” Basically, “Miranda rights” refers to your right to remain silent and your right to an attorney. Both these rights are guaranteed by the U.S. Constitution. However, the name Miranda comes from a Supreme Court case in the 1960s, Miranda v. Arizona. In 1963, Ernesto Miranda was accused of kidnapping and raping an 18 year old woman. When he was interrogated, he confessed to the crime. No one informed him that he could have remained silent, or that he could ask for an attorney to be present when he was questioned. In the end, the case came before the Supreme Court, which ruled that Ernesto’s confession could not be used as evidence, since he had not been told of his rights. Since that time, police have been required to read the Miranda rights warning to a suspect being questioned. As for Ernesto, he was given another trial, but was convicted anyway based on other evidence and jailed.

Nowadays, at least part of the Miranda warning text is probably familiar to anyone who has watched a crime movie or drama on television:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

The wording of the warning may be slightly modified, and in some cases you may be asked to sign a statement saying you have been advised of your rights, but the message is the same. You do not have to answer any questions or go without an attorney unless you choose to. That’s your right.

So you’re sitting in that interrogation room, being accused of a crime. What do you do? You call one of the experienced criminal defense lawyers at Alexander & Associates to make sure you get the best representation possible. Criminal charges are no laughing matter – make sure your attorneys aren’t either.