Understanding Your Miranda Rights as a Criminal Suspect
You do not have to have been arrested to know about the Miranda warning. Anybody who has watched a police television show enough times can probably recite it verbatim. However, many people do not fully understand what this warning means. Their Miranda rights are essential rights afforded to individuals who are arrested. If you or a loved one have been arrested for a crime, make sure you understand how these rights can affect the criminal case.
Right to Remain Silent
Anybody who is suspected of a crime has the right to remain silent. This right stems from our constitutional right to avoid incriminating ourselves. One of the best things that a criminal defendant can do if he or she is arrested is say nothing. Police officers will ask questions about the defendant’s whereabouts on a certain day, the circumstances of the alleged offense, or the defendant’s personal life. However, the best thing to do is to avoid answering any questions, regardless of how innocent they may seem.
Defendants often wrongly assume that cooperating with the police is the best thing to do if they are accused of a crime - especially if they did not actually commit the crime. Unfortunately, however, honesty is not always the best policy in a situation like this. Your words can be manipulated and misinterpreted. Just as the Miranda warning states, anything you say can be used against you.
Right to an Attorney
Criminal defendants also have the right to consult with an attorney and to have an attorney present during any interrogations. A criminal defense lawyer's job is to protect a criminal defendant’s rights and provide legal advice and guidance throughout the case. A criminal defense attorney may help the defendant demonstrate his or her evidence by presenting arguments, evidence, and witness statements to the court. Or, a criminal defense attorney may negotiate a plea agreement on behalf of the defendant.
Criminal defense attorneys certainly provide legal counsel, but this is not their only service. Being accused of a crime is often a shocking, extremely distressing experience to go through. When you have an attorney on your side, there is somebody advocating for you, helping you understand what to expect at every stage of the process. Working with an attorney means you do not have to face this devastating situation alone.
Contact our Joliet Criminal Defense Lawyer
Our Plainfield criminal defense attorneys represent individuals accused of drunk driving, drug crimes, assault and battery, weapons charges, and more. We also represent teenagers and young adults accused of juvenile offenses. If you or somebody close to you has been accused of a crime, reach out to our skilled legal team as soon as possible. Call 815-885-5980 to set up a free, private consultation.
Source:
https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona