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Understanding Miranda Rights

Last updated 4 years ago

Experiencing an arrest can be traumatic if you are unaware of your rights. Before the panic sets in, you should remain calm and remember that you are entitled to what is known as Miranda Rights. These valuable rights must be recited to you by the police officer who arrests you. You are most likely familiar with its proverbial opening: “You have the right to remain silent.” Continue reading to better understand how these words can protect you even in the midst of an arrest:

What Is It?

The Miranda Rights were first established in 1966 after a Supreme Court case ruling on Miranda V. Arizona found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been breached. It is the responsibility of police officers today to recite what is known as a Miranda Warning to arrestees. This warning ensures that you understand that anything you say as a criminal suspect can be used in a court of law.

How Does It Work?

After reading the Miranda Warning to you, the police officer will ask you to confirm whether you understand your rights. At this point, you will have the option of waiving your rights or asking for an attorney to be present. By appointing an attorney to be at your side, you significantly reduce your chances of self-incrimination. You may “plead the fifth” if you initially chose to waive your rights, but would like to have an attorney present after all.

Why Is It Important?

Miranda Rights are extremely important as they can make all the difference in whether or not you are granted a fair trial. Since any statement you make can be used as evidence against you in court, you should not feel pressured into speaking if you choose not to. If your Miranda Rights are seen as having been violated, the court may throw out any statement you made with the police officer.

At 24 Seven Bail Bonds, we understand how overwhelming an arrest can feel. That’s why we strive to offer our clients the most courteous and diligent services in New Jersey, irrespective of your circumstances. If you need help posting bail, contact us at (732) 418-2245. 

 

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