Using your right to remain silent might mean the difference between being sentenced to life in prison and being dismissed from all charges. Despite this right, some professionals in the law and other fields will undermine this right in different ways. There have been instances where people were not read their Miranda Rights before a psychological evaluation to determine future dangerousness and the evaluation was used against them in a criminal trial.
It is also important to exercise your right to legal counsel. Talk to a Tennessee criminal law lawyer to figure out what legal options you have in your current situation.
Understanding Your Miranda Rights
were put into effect decades ago and are upheld by the 5th amendment that defends you against self-incriminating statements. In other words, you have the right to not make any statements that could be held against you during your criminal trial. You have the right to remain silent when asked questions about your crime
and you have the right to a lawyer to defend you in court.
Legal professionals like police and security guards in prisons are legally mandated to read you these rights before you are asked questions or given an evaluation that could be used against you in court. The golden rule is to avoid saying anything at all. Even a passive statement could potentially be used against you in court. However, if you are not read your Miranda Rights, what you say may not be able to be used against you.
You should still cooperate with the police because noncooperation could lead to additional charges. Running away, for example, can make the situation worse. Providing basic information like your name, address, and other details are harmless and part of the procedure. Talking about your crime or trying to defend what you did is risky territory and will likely be used against you in court.
Seeking legal counsel can lead to ambivalent feelings in some people. Many people worry about the cost of hiring a lawyer. However, Miranda Rights mandate the state to provide a lawyer for you if you do not already have one.
When Your Miranda Rights Can Be Violated
There are various ways your . For example, you may be interrogated about your crimes by police. You can decline to be interrogated. Psychological evaluations that assess your future dangerousness or risk of offending again can also be declined. No one can force you to answer self-incriminating questions or take evaluations designed to be used against you.
If you have already taken an evaluation in which you gave self-incriminating information, do not panic. A lawyer may be able to help you if you were not read your Miranda Rights before taking the evaluation. This would mean that the evaluation would not be admissible in court. The state would have to find other evidence against you. In the meantime, try to manage your stress.
