Know Your Rights After an Arrest
Miranda v. Arizona was a case that made its way up to the Supreme Court. Through this case it was established that the rights the arrested citizen had under the fifth and sixth amendment had been abused throughout the arrest and trial. This spurred the movement to have the legal rights a person has read to them during the time they are taken into custody. If you are arrested, a law enforcement officer must read you your rights before you are interrogated. These are called your "Miranda Rights" after the case they were based off of. There are several rights that will be read, and they can be read in any order:
- You have the right to remain silent and refrain from answering any questions. Do you understand?
- Anything that you say or do may be used against you in a court of law. Do you understand?
- You have the right to speak with your attorney prior to speaking to the police and you can have your attorney present during questioning now or in the future. Do you understand?
- If you are unable to afford an attorney, there will be one appointed to you prior to any questioning if you wish. Do you understand?
- If you choose to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
- With knowing and understanding your rights as they have been explained to you, are you willing to answer questions without a lawyer present?
Additionally a defendant has several other rights recognized in the courts:
- You have the right to a criminal defense lawyer - the court will appoint an attorney for you at no charge if you cannot afford to hire one. Yet, at the end of the case, you may be asked to pay all or part of the cost for that attorney, if you can afford to.
- You have the right to a jury trial - you have the right to a speedy, public jury trial. At the trial, you are presumed innocent, and cannot be convicted unless 12 impartial jurors have been convinced of your guilt beyond a reasonable doubt.
- You have the right to confront witnesses - you have the right to confront and cross-examine all witnesses testifying against you.
- You have the right against self-incrimination – you have the right to remain silent, to prevent self-incrimination, and the right to testify on your own behalf.
- You have the right to produce evidence – you have the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.
It is a wise decision to pay attention to these rights and even exercise them. One of the most common ones that can help a person suspected of a crime in their effort to avoid a conviction is the right to remain silent. This can aid them to avoid giving officers anything to work off of. A West Palm Beach lawyer can go into these rights in more detail, and help you understand them further.
Call a West Palm Beach criminal defense attorney!
If you are facing criminal charges, your future is uncertain –and it's in your best interest to contact my office and let me help you navigate through the legal procedures with confidence. Here at The Law Offices of Phillip T. Ridolfo, Jr. I am well versed in your rights and will passionately stand by them, while seeking a swift and successful resolution of your case.