 ■ UNDERSTANDING YOUR MIRANDA RIGHTS
Colorado Springs Criminal Defense Attorney Sarah Christensen
“You have the right to remain silent...” Even if you've never had an encounter with the law, you probably recognize these words. These are the famous first words of the Miranda Rights or the Miranda Warning and believe it or not, they serve to protect your Fifth Amendment rights.
In 1966, the United States courts decided that a criminal suspect still had rights to not incriminate themselves when being arrested. In Miranda vs Arizona, the Supreme Court established guidelines that all police officials must follow when arresting someone for a crime. Understanding these rights is the first step towards protecting yourself, if you are ever arrested as a suspect of a crime.
The Miranda Rights:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”
When you are arrested on suspicion of a crime, it is important to remember that no matter how you are treated, you are still innocent until proven guilty. This is one of the basic principles our entire justice system was founded on. The arresting officer is bound by law to read you your rights. While they do not have to be read in any particular order or phrasing, all of your rights must be read to you during your arrest. If they fail to read you your Miranda Rights, anything you say when you are taken into custody will be inadmissible in court. Even if the police question you, you are not under any legal obligation to answer them without an attorney present.
Once your Miranda Rights are read to you, the arresting officer must make sure that you understand these rights as stated to you. If you do not speak English, then it is the responsibility of the police to provide a translator.
Understanding your Miranda Rights is crucial to protecting yourself during an arrest and interrogation. If you waive your rights or speak to the police without a lawyer present, the things you say WILL be used against you in court. If you are arrested, refrain from speaking with the police or signing any documents prior to obtaining a lawyer. Police will often write confession forms with pre-printed Miranda Rights on the bottom, therefore, it is absolutely critical to contact an attorney as soon as you are arrested and charged with a crime.
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