8, Tennessee
68 Woodmere Mall, #101
Crossville, TN 38555
(931) 787-1004

What Are Miranda Rights? December 26, 2019

8, Cumberland
What Are Miranda Rights?, 8, Tennessee

If you’re arrested for violating a criminal law, you have rights under the U.S. Constitution. In 1966, a historic decision by the U.S. Supreme Court clarified the rights of persons under arrest and required law enforcement officials to inform arrestees of their rights before asking questions. Here’s what you should know about these crucial protections. 

Understanding Your Miranda Rights

What Are They? 

Police officers read criminal law suspects their Miranda rights, sometimes called Miranda warnings, when placing them under arrest. Suspects have the right to remain silent to avoid self-incrimination because anything they say may be used against them in a court of law. They also have the right to an attorney. If they want an attorney but can’t afford one, one must be appointed for them before questioning.

Why Were They Established?

criminal lawIn 1963, Ernesto Miranda was arrested in Arizona for kidnapping and rape. After hours of questioning, he confessed to the crimes. A jury considered his written confession as evidence of guilt and convicted him. Miranda appealed his convention to the U.S. Supreme Court.

On appeal, in Miranda v. Arizona, the court ruled that the officers violated Miranda’s right against self-incrimination and the right to counsel under the Fifth Amendment. Before questioning him, Miranda wasn’t informed of his Fifth Amendment rights. He did not have to talk to the police, and he could confer with an attorney. As a result of this landmark court decision, Miranda’s confession was thrown out, and his conviction was reversed.  

How Do They Protect Suspects?

Once you say you want an attorney, the police won’t question you about a crime. They can ask questions about your name, Social Security number, address, and date of birth, which are necessary for identification during booking. In general, statements you make while in custody can’t be used against you unless arresting officers have read your Miranda rights to you.

 

If you’re facing criminal law charges and think your Miranda rights were violated, seek counsel from Kevin R. Bryant Attorney at Law in Crossville, TN. This seasoned criminal defense lawyer has more than 16 years of experience protecting the rights of accused clients throughout Cumberland County. To learn more about the firm’s services, visit their website, and call (931) 787-1004 to schedule a consultation.

Other Announcements, Events and Deals from Kevin R. Bryant Attorney at Law
When Can Adjustments Be Made to Child Support Payments?, 8, Tennessee
When a couple has children and files for divorce, the courts will usually put a child support order into place. This makes sure that the non-custodial parent provides adequate s...read more
How Can a DUI Impact Child Custody?, 8, Tennessee
After a divorce, you naturally want to ensure that you remain part of your child’s life, so it’s important that you do everything possible to stay eligible for child custody. So...read more
A Guide to Boating DUI Laws in Tennessee, 8, Tennessee
There are plenty of lakes and water sources in Tennessee to go boating. Unfortunately, nice boating weather also comes with an increase in alcohol consumption. To keep the waterways ...read more
When to File for Divorce & Bankruptcy , 8, Tennessee
With disagreement over finances being a leading cause of divorce, it’s no surprise many people seek the help of an attorney to file bankruptcy as well as the dissolution of...read more
What You Need to Know About Marijuana Laws in Tennessee, 8, Tennessee
Although marijuana laws are changing in many states, Tennessee still prohibits the drug both recreationally and medicinally. Since marijuana is illegal, the sale, possession, or use ...read more