You have probably heard the right to remain silent phrase hundreds of times in the media, but what does this phrase mean when it comes to your rights? It turns out, this phrase and the statement that you have the right to an attorney mean a lot of things. When either of these things are violated by law enforcement, your statements cannot be used against you in a criminal trial. Speak with a Tennessee Criminal Law lawyer if you feel like your rights were violated.
What Statements Do Miranda Rights Cover?
Miranda Rights cover self-incriminating statements that could be used against you in a criminal court. That is the basis of the rights granted to you with the Miranda ruling. Under this ruling, police must inform you that you have the right to remain silent and that what you say can be used against you. They must also tell you that you have the right to consult a lawyer for legal advice.
The right to remain silent allows you to withhold statements about a crime you may have committed. This means you do not have to answer questions posed by law enforcement about the crime. However, you are still expected to answer basic questions about your name, contact information, and other identifying information. A right to a lawyer means you can hire a lawyer or request a lawyer from the state to guide you through the questioning process. Having a criminal lawyer counsel you may be able to protect you from a poor outcome in your case.
After each Miranda statement, the officer must make sure you understand your rights. This can happen verbally but normally involves you signing a form that states all of this information to make your consent to these statements official.
What If My Miranda Rights Were Violated?
There are several instances when your fifth amendment rights can be violated. In recent years, some aspects of Miranda Rights have been slightly altered. These alterations allow some situations where police are not required to inform you of your Miranda Rights before arresting you. In other situations, silence may be interpreted as an admission of guilt.
Whenever you are not read your Miranda Rights or you are coerced to admit things you would not normally admit, then the fifth amendment states that your statements under these circumstances cannot be used in court. Coercion is not uncommon and can involve threats or force. Request a lawyer if you find yourself stuck in this situation.
Also know that if your statements are made to someone other than the police, like your friend or cell-mate, then those statements can be used against you even if you were not read your Miranda Rights.
Criminal Law Lawyer in Tennessee
Having self-incriminating statements used against you is not a pleasant experience to go through. Contact Davis Law Firm at 865-354-3333 today to talk to a Criminal Law lawyer in Tennessee. Our offices are located in McMinnville, Johnson City, Sparta, Kingston, Crossville, Cookeville, and the surrounding areas. We will work with you to defend your rights and can represent you if your case goes to a criminal trial. You can also call us when you have questions about your rights during a police search.
