Almost everyone has seen police officers on television or in movies tell a suspect that they “have the right to remain silent.” However, many people do not fully understand the significance or implications of their so-called Miranda rights. The following is some information regarding Miranda rights and police interrogation.
Your Miranda rights are more than the right to remain silent.
While the language can vary among police departments, the basics of the Miranda rights of which you must be informed are as follows:
- You have the right to remain silent.
- Anything you say can and will be used against you.
- You have the right to have an attorney present.
- You have the right to be provided an attorney if you cannot afford to hire a private one.
You must waive your rights for the police to ask you questions.
In order for the police to interrogate you in custody, you must hear and understand your Miranda rights and must knowingly and voluntarily waive them. Waiver can either be by signing a formal written waiver or by an implied waiver, which can be answering questions and talking to police after you have heard your rights. Once you have waived your rights, it is important to know that you can change your mind and invoke them again at any time.
Invoking your Miranda rights will not make you appear guilty.
Many people believe that if they choose to stay silent or call an attorney, it will give the appearance of guilt. However, these rights are critical to protect you from police interrogation tactics and coercion.
Once you are arrested, police are not there to help you. They may lie to you and make promises to help you if you talk to them, but these are simply tactics to get you talking in hopes you will say something they can use against you. All too often, people accidentally say something to police that may incriminate them – even if they do not realize it. For this reason, it is always in your best interests to remain silent and call an attorney for help immediately.
Call 732-662-7658 today for a free consultation.
Violations of your Miranda rights can often result in the suppression of important evidence in your criminal case, which can then result in a dismissal of charges. If you were arrested and you spoke to police, it is imperative that you call an experienced New Jersey criminal defense attorney as soon as possible. At the Law Offices of Leon Matchin, we defend against a wide range of municipal charges in New Jersey. Please call as soon as possible to discuss your case.