Almost everyone has heard of their “Miranda” rights, but not everyone may understand the history behind the rights, or even what is specifically granted by these rights. So let’s talk about that today.
Miranda rights are named after a famous Supreme Court case from 1966. The case stemmed from a 1963 arrest of Ernesto Miranda, who confessed to crimes after hours of interrogation. However, the police never informed Miranda of his right to legal counsel, and as such his confession was ultimately inadmissible. The 1966 case gave us “Miranda” rights, and they read as such:
“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 an attorney. If you cannot afford an attorney, one will be appointed for you.”
Your Miranda rights are actually four distinct rights that are incredibly important. If the police don’t read you these rights before questioning and/or interrogating you, then any information or evidence gained from that interrogation is considered involuntary and, thus, inadmissible.
Remember that these are your rights, and that you can uphold them. Employing your right to remain silent is very helpful when you are trying to build a defense case. In addition, your Miranda rights inform you about your right (and, ultimately, your need) for an attorney. Consult with an experienced criminal defense attorney as soon as possible after you are arrested. If that isn’t possible, always remember that one will be appointed for you.