When does Miranda apply?
Two things must have happened in order for you to become entitled to a Miranda warning. First, you must have been placed under arrest. Secondly, you must be subjected to interrogation, which means that you are being asked questions about your involvement in a crime and are not free to leave. Simply being placed in the back of a police car may not qualify, so it is important that you stay silent. Any statements that you volunteer at any stage of the proceedings will likely be eligible to be used against you.
Similarly, you may not be entitled to a Miranda warning if you are brought to the police station for questioning but are told you are free to leave at any time.
However, it is important to remember that the Fifth Amendment’s protection against self-incrimination exists at all times. You are always free to refuse to answer questions from the police. Miranda rules just govern when police have to inform you of this right.
You may already know the basics of the Miranda warning but these are the essential points:
- You always have the right to remain silent.
- Anything you say can be used against you.
- You have the right to an attorney.
- You can have an attorney present during questioning.
- If you want an attorney, but can’t afford one, an attorney will be provided.
These rights are derived from the Fifth and Sixth Amendments, which essentially says that you can’t be used as a witness against yourself and you are entitled to legal counsel. If a person’s rights are violated by law enforcement the statement may be suppressed by a court of law but the District Attorney will fight hard to prevent the evidence from being thrown out.
You can waive your right to invoking the Fifth Amendment, agreeing to speak with law enforcement without an attorney present, but it is important to remember that anything you say to law enforcement may provide them with evidence to tie you to the crime. For example, if you were brought in for questioning relating to a robbery and you tell law enforcement that you were near the scene of the crime around the time it happened, they could try to use that statement as evidence against you.
Silence does not imply guilt
This right against self-incrimination extends beyond simply talking to law enforcement. It also means that law enforcement cannot use your silence as evidence of guilt. By staying silent, you are merely protecting yourself; law enforcement cannot misinterpret your words or manipulate your statement to imply guilt.
In addition to remaining silent, you can assert your right to an attorney and doing this may be the best option. An attorney can advise you concerning what you should or should not say as well as explain the legalities of the Miranda rights to you in greater detail. If you are arrested or are a subject in a criminal investigation, contact an experienced Boulder criminal defense lawyer in order to protect your rights.
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