Facing an arrest can be a daunting and overwhelming experience. You may feel like you have no control over the situation. However, you should know that you do have rights.
You may be aware of the Fifth Amendment, which guarantees Miranda rights if you are ever arrested or detained by the police. This is the wording of the Miranda Warning:
“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 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?”
You will be read these rights if you are in police custody or being questioned, regardless of whether you are formally arrested. Law enforcement must read you your Miranda rights at any time you are in police custody or being questioned. Here is a look at the rights presented to you in the Miranda Warning and available to you under the Fifth Amendment.
What Rights Do I Have?
The Fifth Amendment offers the following:
- The right to remain silent. You can refuse to answer any questions or provide any statements. You cannot be punished for keeping silent, as anything you say can and will be used against you in a court of law. Take this seriously, as law enforcement will do what they can to misconstrue what you say to make you look guilty.
- The right to speak with an attorney. Even if you are 100% innocent, it is still a good idea to have an attorney present whenever speaking with law enforcement. They will do whatever it takes to secure a conviction. An attorney can help protect against these tactics.
- An attorney to represent you. The judicial system is required to provide a defendant with an attorney. If you cannot afford an attorney, the court will provide you with a public defender.
What if the Police Do Not Read Me My Miranda Rights?
Your Miranda rights must be read to you as soon as you are in police custody, detained, or subjected to questioning. If not, know that these rights are available to you whether they are read to you or not. If you are detained and have not been read your Miranda rights, anything you say can be used against you. While the arrest is still valid, some statements and evidence may not be used against you in court. If the police do not follow the required procedures, it can weaken their case against you. Ideally, it can cause your charges to be dismissed.
Contact Our Atlanta Criminal Defense Lawyer Today
Believe it or not, you have many rights if you are arrested. One of them is the right to remain silent, which is part of the Miranda rights.
The criminal defense lawyers at Ghanayem & Rayasam in Georgia can help make sure you understand your rights if you are ever arrested. Before you talk to the police, talk to us. Schedule a consultation by filling out the online form or calling (404) 561-0202.