Miranda rights can help you, but certain ways around Miranda rights can be used against you. Being aware of how Miranda rights work and ways these rights can be violated can help you protect yourself from potential self-incrimination. If used correctly, these rights can save you worse punishments in court like extended jail time or heavy fines. If you have questions about your criminal trial or your rights, be sure to talk with a Tennessee criminal law lawyer for guidance.
How Do Miranda Rights Work?
were established in a Supreme Court case that decided that an accused person cannot be questioned by law enforcement unless they have been made aware of their right to remain silent and their right to a lawyer, whether or not they can afford a lawyer. If you cannot afford a lawyer, then the state will appoint a lawyer to your case.
Most people have already heard these rights spoken in almost every single movie or TV show involving police. Understanding what benefits these rights grant you is key for you to avoid accidental self-incrimination. The
number one rule to remember with the right to remain silent is that you do not want to admit fault or blame for what happened. Be cautious about answering questions about your charges. Not answering questions may be the safest way to go until you talk with a lawyer.
The power of Miranda rights lies in what happens when you have not been made aware of them. If you were not read your Miranda rights, whatever information the police hear from you becomes inadmissible in . This is called the exclusionary rule and is used in cases where your Miranda rights were violated. In other words, the state will not be able to use what you said as evidence in court unless they read you your Miranda rights first.
Recognizing a Miranda Rights Violation
There are various ways law enforcement can go around Miranda rights to seek evidence to use against you in court. like these may hurt your case and lead to worse outcomes in your criminal trial. Being aware of these can help you avoid them.
One way is to question you before you are officially arrested. They may ask you to come to the station to ask you questions while saying you can leave at any time. If you do this, be careful about what you say. Almost anything you say at this point might be used against you later on. Some officers may ask questions that do not seem risky to give answers to, but may be digging at something else you were unaware of.
Even if you are not talking to police, but a cellmate, try not to reveal any details about your charges. There have been instances where police gained information from other prisoners about what the defendant told them.
