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The Miranda Rights are a series of statements read to a criminal suspect as a way of protecting their fifth amendment right against self-incrimination. However, many people are unfamiliar with the subject and what they can and cannot do. Below, defense attorney James F. Bogen, Attorney at Law, in Cincinnati, OH, sheds more light on what the reading entails, how to invoke them, and how they safeguard individuals.

How to Invoke Your Miranda Rights

defense attorneyAt any point before or during questioning by the police, you can choose to implement your Miranda Rights. All you must legally say is, "I wish to remain silent," though you must still give basic details about yourself, such as your name, address, and birthday if asked. You can also elect to have a defense attorney in the room with you during your interrogation, and law enforcement must honor the request and delay any questioning until you have legal counsel present.

There's a prevalent myth that if police don't read you your Miranda Rights, then the case against you is null and void and you must be released. Unfortunately, most are not dismissed when the Miranda Rights are overlooked. Whether yours is tossed out after not being read your rights often depends on the scope and severity of the crime in question.

When Are They Applicable?

Miranda Rights may not be applicable in every arrest or for every criminal infraction. They are only intended to cover police interrogations of suspects. Anything that takes place outside of the accepted definition of interrogation might not be subject to its parameters. If you have been or know you will be questioned and haven't been given your Miranda Rights, enlisting the support of a defense attorney will help you better understand your legal options.

For over 15 years, James F. Bogen, Attorney at Law, has been representing clients throughout the Cincinnati region. Whether you're facing a misdemeanor or a felony, trust Attorney Bogen to provide the quality legal counsel and representation you need to secure the best possible outcome. Call (513) 503-7251 or reach out to the firm online to schedule a free consultation with a defense attorney. You can also follow him on Twitter and Google+ for news and updates.

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