You probably have seen a million movies and even more TV shows, where the law enforcement officers are apprehending the suspects. Although television and motion pictures tend to transform a simple routine into a show of epic proportions, some things they get very close to the real life. For example, Miranda Rights. You have heard them numerous times and you probably even know how they sound. Still, here is to refresh your memory a bit: “You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The person that was arrested must provide the law enforcement officers with a clear as well as genuinely definitive answer. That way, he or she will let the police know that those rights are clear. However, in case a person will remain silent, there is a chance that he or she does not understand English. In that case, he or she will be provided with a translator that will translate Miranda Rights to his or her native language. Yet, in case the arrested individual willingly chooses to remain silent, the interrogation will be stopped. Furthermore, if the individual that was arrested will want to consult a legal representative prior to carrying on, the interrogation will stop as well. In that case the police will need to wait for an attorney to arrive on the scene.
Despite a pretty popular opinion, the law enforcement officers are only required to read the Miranda Rights to an individual in case they want to interrogate him or her. If they are simply arresting that person, there is no such obligation. Nevertheless, in case they are planning on interrogating the arrested person in the future, they will need to make sure that the arrested individual hears out his or her Miranda Rights loud and clear. Hence, all the police officer are paying a lot of attention to that matter in order to get things done by the books.
Moreover, in case the law enforcement officers have reasons to believe that public safety is in question here, they will be able to interrogate the arrested individual without reading him or her Miranda Rights to begin with. To be more accurate, Miranda Rights serve as a safety measure against self-incrimination. These rights also fall under the Fifth Amendment. Still, the arrested person will have to tell the police officer some things right away – their name, their address, their age and so no. Furthermore, the law enforcement officers may search the individual in question for safety reasons. However, keep in mind – if a person confesses to committing a crime even before hearing about his or her Miranda Rights, this fact will definitely be used in the court of law.
In some cases the arrested individuals choose to neglect their Miranda Rights in order to speak with the law enforcement officers freely, without having a legal representative present. Nevertheless, in case they would have a change of heart, they can always “pleas the fifth”. Juvenile individuals have the right to remain silent before the arrival of their parents or legal guardians.
One way or the other, it is important not to neglect your legal rights. The very first thing that you will need to do after being arrested would be getting in touch with a qualified as well as genuinely experienced legal representative. He will tell you how to proceed and what to say. Do not forget that everything you will say may be used against you in court and it is best to consult good Las Vegas criminal lawyer beforehand. A professional Las Vegas criminal defense attorney will examine the case and all the evidence against you in order to come up with the ideal defense strategy that will not let you down. Miranda Rights can prove to be absolutely invaluable to you, so make sure you use them in full. If you were arrested improperly and your Miranda Rights were not presented to you at the scene, call our law office at (702) 978-6137 or fill out online contact form to request free case review.
Law Offices of Las Vegas DUI Specialists
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