When you are placed under arrest, it’s easy to feel like you have no protection. However, as a citizen, you are granted certain protections even when in police custody. That’s why familiarizing yourself with your Miranda Rights is critical. If you were placed under arrest but the officers did not read you your rights, you may be unsure what to do. The following blog explores your rights in further detail and why connecting with a Sacramento criminal defense lawyer is critical to protecting yourself if you’ve been charged with a crime.
What Are Miranda Rights?
It’s important to understand that when you are placed under arrest, there are a number of rights you are afforded under the United States Constitution. However, many are unfamiliar with what these rights are, which can end up hurting their case. As such, the Supreme Court decided that those who are placed under arrest should be read their rights in a landmark decision.
When someone is placed under arrest, the police must read them their rights before they are questioned in relation to the crime. These are the right to remain silent, as protected by the Fifth Amendment, and the right to an attorney, as provided by the Sixth Amendment. The police must also tell you that if you do not invoke your right to remain silent anything you say can be used against you, and that if you cannot afford an attorney, one will be appointed to you by the courts.
After you are read your rights, the officer may ask if you wish to continue speaking to them. This is called a Miranda Waiver. You may even be asked to sign a paper acknowledging that you waived your rights. You should never waive your rights and only speak to the police after you have consulted an attorney.
What Happens if My Rights Aren’t Read?
There is a misconception that those who do not have their Miranda Rights read will automatically have their case dismissed, which is far from the truth. In reality, your case will not be dismissed, but it may be harder for the prosecution to convict you. This is because if the police officially question you without reading your rights, whatever you say cannot be admitted into court. However, if you voluntarily talk to the police before your arrest or you are unofficially questioned, this can be held against you.
Unfortunately, these are incredibly complicated matters. As such, it’s in your best interest to connect with an experienced attorney who can help examine your unique circumstances to provide the best possible advice for your situation. If you have reason to believe your rights were violated during the arrest process, the team at the Offices of Dale R. Gomes can assist. We will examine your case to help fight for the justice you deserve. Connect with our firm today to learn more.