Anyone who has seen an episode of Law and Order knows if you are arrested, a good lawyer will get you off on a technicality if the police did not read you your rights, right? Well, the truth is not so clear. If you are arrested, the police are required to read you your rights. However, if they fail to do so, any testimony you give will be inadmissible as evidence. If there is enough evidence to convict you of the crime regardless of your testimony, then you still may be convicted of the crime.
The History Of Miranda Rights
Miranda rights were established in the landmark 1966 Supreme Court case Miranda v. Arizona. Ernesto Miranda was arrested in 1963 in Arizona on suspicion of being involved in the kidnapping and rape of an eighteen year old girl. After two hours of interrogation, Miranda confessed to the crime. Miranda was never told of his right to counsel, his right to remain silent, or informed his statements would be used against him. Miranda’s attorney claimed that his confession was not truly voluntary and should be inadmissible as evidence. The Supreme Court upheld this opinion and overturned Miranda’s conviction. Unfortunately, additional evidence was gathered against him and he was ultimately found guilty of the crime.
After the Supreme Court overturned Ernesto Miranda’s conviction, police departments nationwide were required to inform anyone who was arrested of their rights. Today the decision seems sensible. Everyone deserves a fair trial, and a trial cannot be fair if the defendant does not know the rules. However, at the time, the decision was controversial as it was seen as a boon to suspected criminals. Many people felt it gave a poor perception of police.
Do Police Have To Read Me My Rights?
There are a few places where the reality of Miranda warnings differs from what is commonly portrayed on television. You can be arrested without having your rights read to you. The rights are focused on interrogation and questioning. If you are not being questioned, law enforcement may not read you your rights. If they decide to question you later, they will read you your rights at that time. Miranda rights are also sometimes waived in the interest of public safety.
Before law enforcement interrogates a suspect, they must inform them of the following rights:
You have the right to remain silent;
- If you do say anything, it can be used against you in a court of law;
- You have the right to have a lawyer present during any questioning; and
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
If you have been arrested, be sure to know and exercise your Miranda Rights. If you are being questioned by the police, remain respectful and silent. If you need an attorney, our criminal defense team at De Bruin Law Firm is willing to help. If you have been suspected of a crime, you need professional and competent legal representation. Contact us today and let us offer our support in this difficult time.
What will a criminal defense attorney do for my case?
Once I have evaluated your case I will provide you an overview of your case. This will describe among other things the criminal law process, how we will work together to navigate the criminal justice system, and what expectation I have for you as a client and what expectations you should have for me as your defense attorney.
What should my attorney do to prepare my case for trial?
I collect not only the evidence that the government is required to supply, but also gather my own evidence for your defense as well. I will talk to witnesses, look for other video from third party sources, and go to the scene of the alleged offense. I believe your case is far to important not to go the extra mile to insure we know all the facts for your case, to provide you the best possible defense.
What do I need to do to help my attorney defend me?
No one cares more about your case than you. While we prepare your case, we also prepare your for trial. The one thing we need most from you is total honesty. Remember, everything you and I talk about is confidential. I am on your side.
For Drug offense cases, we may require you to look into a rehabilitation facility. I have had client’s charged with drug crimes who unfortunately we suffering from serious addiction and needed help, not jail. When I was able to convince those clients to make the difficult decision and enter a rehabilitation facility it helped create a positive situation that made negotiating their case more favorable. Many criminal cases last over a year. If I can help get a client suffering from an addition on the path to recovery while defending them from their criminal drug charges, their future becomes much more optimistic, and often, so does their case. Changing your life prior to trial or before a plea will greatly decrease your changes of going to jail. We are here to help not only with your legal needs, but also to help you in life. We have seen success stories and want you to be one too.
How much does a criminal defense attorney cost?
Your attorney’s fees will be based on multiple things including but not limited to, the severity of the crime, the evidence against you, prior convictions, and the amount of jail time your are facing if convicted. For criminal defense services I charge my client’s a flat fee on almost all cases at the start of their case. Therefore, you know how much your case will cost on day one.
I also am aware that many people are unable to afford to pay thousands of dollars upfront. In order to better serve my clients I offer a payment plan option. If you’d like to see if you qualify for our criminal defense payment plan option please contact us by using our form, or call us directly at (864) 372-2896.
Who will handle my case?
How do you know the attorney you hire is the attorney who will represent you during the entire process? I personally guarantee that I will handle every part of your criminal case, you will not be passed of t a junior attorney.