The Basics of Miranda Rights
We have all probably seen cops on movies or television shows telling a suspected criminal that they have the right to remain silent, and anything they say or do can be used against them in a court of law. But where did that come from? If a police officer doesn’t say that phrase to a suspect, can the charges be dismissed?
In 1966, the U.S. Supreme Court ruled in a case called Miranda v. Arizona that suspected criminals have the right not to incriminate themselves and also have the right to obtain legal counsel. Because of this landmark case, the warnings police give suspects today are called Miranda warnings or rights.
Miranda warnings consist of telling a suspect that they have the right to remain silent, because anything they say can be used against them in court. Miranda warnings also tell suspects that they have the right to an attorney, and if they can’t afford one, one will be appointed for them. If a suspect tells the police that they want a lawyer, all questioning must stop.
In general, police are required to give suspects Miranda rights before questioning them. A suspect can be arrested without being read their Miranda warnings. Anything that the suspect tells the police, if he or she was not properly read those Miranda rights, can be inadmissible in court. However, the original arrest could still be valid.
Have you been charged with a crime in California? If so, before speaking with the police, you should obtain an experienced Los Angeles criminal defense attorney. Call the lawyers at the Law Offices of Lawrence Wolf today at 866-390-7373 for a free consultation about your case.
