Even if you’ve never been arrested, you’ve probably heard some version of this line on a cop show: “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 a criminal defense attorney. If you cannot afford one, one will be appointed to you.” Known as the Miranda Warning, this information protects people under arrest by advising them of their Fifth Amendment right against self-incrimination. Find out why it’s necessary below.

How the Miranda Warning Came to Exist

On June 13, 1966, the United States Supreme Court established what we now call Miranda Rights. From this point on, all criminal suspects had to be advised of their rights before police could interrogate them. This was the result of the court’s ruling in Miranda v. Arizona. 

What the Supreme Court Decided 

In 1963, a Phoenix woman filed a report saying she had been abducted. Police arrested Ernesto Miranda for the crime. Upon interrogating him, they secured a confession—which Miranda later recanted. Despite a general lack of evidence and the fact that some details of his confession were at odds with the victim’s account, Miranda was convicted. The case was later appealed before the Supreme Court where lawyers claimed Miranda’s confession was false and coerced. They argued that with his limited education, he could not have known about his Fifth Amendment right or been aware of his right to a criminal defense attorney. The Supreme Court agreed and overturned his conviction. 

Why You Should Exercise Your Miranda Rights

If you are ever arrested, take advantage of your Miranda Rights. Say you are pulled over under suspicion of drinking and driving, for instance; even casually admitting you had “just two beers” is an admission of guilt that will ruin your DWI defense. Keep your calm, stay quiet, and get a criminal defense attorney by your side as soon as possible.

When you need a criminal defense attorney, you want someone with experience. For knowledgeable representation in Wadesboro, NC, trust Bates Law Firm, PLLC. Formerly known as Clodfelter Law Office, this firm is a cornerstone of the community. Attorney Aaron D. Bates took over the practice from T. Lynn Clodfelter, who served the area for 22 years, and carries on the tradition of top-quality legal and mediation services. Request an appointment with the criminal defense attorney online or by calling (704) 694-0195.