The Miranda Rights
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Your Rights When Being Arrested
If you've been arrested, convicted of a crime, or had a run in with the law you need to know your legal rights. The United States Constitution's Bill of Rights was written to give every citizen, whether born in the United States or naturalized, the same civil rights. The United States was built on the premise that a person is innocent until proven guilty. To make the judicial process fair and just these rights can't be protected unless all citizens receive due process of law.
The Miranda Rights were created in 1966 as a result of the United States Supreme Court case of Miranda v. Arizona. The Miranda warning is intended to protect a suspect's Fifth Amendment right to refuse to answer self-incriminating questions. Law enforcement is required by law to read the Miranda Rights to every person who has been arrested to protect all individual's Constitutional rights.
If you've been arrested, convicted of a crime, or had a run in with the law you need to know your legal rights. The United States Constitution's Bill of Rights was written to give every citizen, whether born in the United States or naturalized, the same civil rights. The United States was built on the premise that a person is innocent until proven guilty. To make the judicial process fair and just these rights can't be protected unless all citizens receive due process of law.
The Miranda Rights were created in 1966 as a result of the United States Supreme Court case of Miranda v. Arizona. The Miranda warning is intended to protect a suspect's Fifth Amendment right to refuse to answer self-incriminating questions. Law enforcement is required by law to read the Miranda Rights to every person who has been arrested to protect all individual's Constitutional rights.
It is important to note that the Miranda rights do not go into effect until after an arrest is made. The officer is free to ask questions before an arrest, but must inform the suspect that the questioning is voluntary and that he or she is free to leave at any time. The answers to these questions are admissible in court. If the suspect is placed under arrest and not read the Miranda rights, spontaneous or voluntary statements may be used in evidence in court.
Below are the rights you're entitled to if you've been arrested:
1. You have the right to remain silent. Since anything you say can be used against you in court, be careful what you say since it can have a profound effect on the outcome of your trial.
2. You have the right to legal counsel. If you can't afford an attorney, the court must provide one for you at no charge.
3. You must have the chance to confront the witnesses testifying against you and the right to gather your own evidence and witnesses to try and prove your innocence.
4. Once you have been found innocent of a crime, you can not be tried again even if new evidence comes forward that proves your guilt. This applies to all crimes no matter how serious, even murder.
5. Public and speedy trial by jury if desired.
6. The right to be free of unreasonable search and seizure. Law enforcement must obtain a search warrant before searching private property for people or evidence. A search warrant must be issued by a judge to make it legal and any evidence gathered unlawfully must not be considered by the court in any trial.
Below are the rights you're entitled to if you've been arrested:
1. You have the right to remain silent. Since anything you say can be used against you in court, be careful what you say since it can have a profound effect on the outcome of your trial.
2. You have the right to legal counsel. If you can't afford an attorney, the court must provide one for you at no charge.
3. You must have the chance to confront the witnesses testifying against you and the right to gather your own evidence and witnesses to try and prove your innocence.
4. Once you have been found innocent of a crime, you can not be tried again even if new evidence comes forward that proves your guilt. This applies to all crimes no matter how serious, even murder.
5. Public and speedy trial by jury if desired.
6. The right to be free of unreasonable search and seizure. Law enforcement must obtain a search warrant before searching private property for people or evidence. A search warrant must be issued by a judge to make it legal and any evidence gathered unlawfully must not be considered by the court in any trial.