Every American citizen has rights, and knowing what they are could help you work through unexpected situations. The Miranda rights are one such example. Established back in 1966, these rights protect criminal suspects and provide a way to acquire justice through defense attorneys and the court of law. Here’s what you should know about how they work and what happens when they’re not upheld.

How Did the Miranda Rights Start?

In March of 1963, the police apprehended Ernesto Miranda on charges of kidnapping and abusing a Phoenix woman. While he wasn’t identified in the lineup, he confessed to the act during interrogation. He tried to recant his statement later on but to no avail. The court then found Miranda guilty and sentenced him to prison, where he remained until 1972. It was the result of this case that caused the Miranda rights to come into being and allow suspects a chance at justice.  

One thing to keep in mind is that it is up to a suspect to invoke his Miranda rights.  An attorney cannot do this on behalf of a client. TV shows tend to depict suspects being questioned until their attorney comes bursting into the police station, yelling at the detectives that they need to stop questioning their client and release them right now. On these shows, this is typically followed by the police complying with the blustering attorney. In real life, if an attorney goes bursting into the police station like that, he is likely to get arrested himself.

What Are the Miranda Rights?

There are four statements that every police officer should say during an arrest. This includes the right to remain silent, anything you say or do can be used against you in court, you have a right to a defense attorney during any questioning, and if you can’t afford a defense attorney, one will be appointed to you.

What Happens if Police Don’t Read Your Rights?

If the police don’t read your rights when you are under arrest, anything you say or do cannot be used against you in court. The statements that the police officers take during the arrest are considered involuntary and can’t be used as viable pieces of evidence. This safeguards against premature judgments and ensures the justice system is upheld.  However, keep in mind that the Miranda rule only applies to statements taken from a suspect while he is in custody. Contrary to popular conceptions, a criminal case will not be dismissed if the officer fails to read a suspect his Miranda rights. It is only a safeguard against involuntary confessions being used against defendants in court.

If you need assistance for an upcoming court case, reach out to James F. Bogen, Attorney at Law, in Cincinnati, OH. He has been a defense attorney for over a decade and specializes in juvenile delinquencies, DUI cases, and federal offenses. He recognizes that each instance is unique and will provide the personalized approach that his clients deserve. Call (513) 503-7251 to set up a consultation, or visit his website to learn more about his practice areas.