Miranda Rights

The Fifth Amendment of the United States Constitution protects citizens against self-incrimination while being interrogated by law enforcement, while the Sixth Amendment guarantees the right to legal counsel after being arrested, even if the defendant cannot afford it. The Supreme Court ruled in 1966 that these two constitutional protections, called Miranda rights, must be read to suspects in police custody before any questioning can take place.

The Miranda Case

These warnings are named after Ernesto Miranda, who was arrested and interrogated by police in 1963 for kidnapping and rape charges without being told of his right to an attorney or that he didn’t have to answer police questions. Ernesto confessed to the crimes during interrogation but later tried to have his confession thrown out because he wasn’t properly informed of his constitutional rights. The Supreme Court agreed with Ernesto, ruling that police must inform suspects of these rights before arresting and/or interrogating a criminal defendant.

What Happens To You When Your Miranda Rights Are Waived

When you waive your Miranda rights, you give up your ability to stay silent and give police the authority to use anything you say about any topic and use it in a way that frames your guilt. You also give up your right to have legal counsel with you at the time of questioning.

This can be a critical mistake because police don’t have to make sure they’re using your statements in the right context. They are allowed to present the case against you however they wish, which is usually in the worst possible light. Additionally, waiving your Miranda rights may make it more difficult for your attorney to build a strong defense on your behalf.

Can A Waiver Be Considered Invalid?

If you did not have the mental capacity to understand your rights or what you were giving up by waiving them, or the police coerced you to waive them, this may be considered invalid. You can also change your mind at any point during an interrogation. Simply stop talking and inform the police you want to speak with an attorney.

If you have been arrested or are under investigation for a crime, you need to consult with a lawyer as soon as possible. An experienced criminal defense attorney in your area can protect your legal rights and ensure that you are treated fairly by the criminal justice system, regardless of what you’re accused of doing.

Call Cape Cod criminal defense lawyer Thomas Kokonowski, Esq. today for a legal consultation by dialing 774-561-2689.