Knowing How to Use Your Miranda Rights
The 5th Amendment of the Constitution states that a person has the right to protection against self-incrimination. This protection can be first invoked during a police interrogation, according to information on the United States Supreme Court website.
Historically, the courts sought to further remedy the flaws in the legal system that resulted in those accused of crimes making statements that later resulted in their convictions because of intimidation from law enforcement officials or improper coercive tactics. In 1966, the Supreme Court decided the landmark case, Miranda v. Arizona, where an accused minority suspect was not informed of his right to counsel as well as his right to remain silent.
As a result, the suspect confessed to a crime during police interrogation, but because the police tactics were considered coercive and because the suspect was not made aware of his constitutional rights, his confession was considered invalid. Based on the premise of this case, all suspects are entitled to what is now known as Miranda rights.
Miranda rights include the right to remain silent and the right to legal counsel, or an attorney. On June 1, 2010, the Supreme Court recently made revisions to the Miranda rights law in deciding what constitutes an exercise of a right to remain silent and a waiver of a right to remain silent.
No longer will a criminal suspect’s voluntary silence be implied as an exercise of the suspect’s right to remain silent. In the recent case, Berghuis v. Thompkins, the Supreme Court held that suspects must “unambiguously” exercise their right to remain silent by saying that they do not want to talk to the police, or by telling the police that they are exercising their right to remain silent.
If you or someone you know is arrested, you are entitled to exercise your Miranda rights. The time after an arrest can be confusing and intimidating. Anything you say can and will be used against you in a court of law, therefore it’s very important to consult with an experienced Princeton criminal defense attorney before speaking to police.
The New Jersey criminal defense attorneys of Lependorf & Silverstein aggressively defend their clients against serious criminal charges, such as drug fraud, homicide, murder, solicitation, assault crimes, drug crimes, and many others. For your free legal consultation, contact our office today at 609-240-0044.
