Your Miranda rights—familiar to most of us as the list of rights that starts with “You have the right to remain silent”—are extremely important. As a result, the police are required to advise you of them in certain circumstances.
If the police stop you with reasonable suspicion or arrest you, they are required to read you your Miranda rights before questioning you. If they do not, then any information you reveal during questioning is inadmissible in court. So too is any evidence they discover as a result of something you said while you were being questioned.
In some (but not all) cases, this loss of evidence is enough to get your case thrown out.
The Importance of Having an Attorney
One of the rights included in your Miranda rights is the right to talk with an attorney and to have that attorney present when you are questioned—even if you cannot afford to hire a lawyer on your own. That should give you a good idea of just how important it is to have representation when you are being questioned by police. In fact, we would advise against ever talking with the police without an attorney present—regardless of whether or not you have been read your Miranda rights.
If the police fail to advise you of your Miranda rights, your attorney may file a Motion to Suppress to keep any evidence that was improperly obtained out of court.
We Are Ready to Make Sure Your Rights Are Protected
The attorneys of Flaherty & Merrifield Criminal Defense are dedicated to protecting your rights when you have been accused of a crime. We will investigate the circumstances of your arrest—including whether or not you were properly advised of your Miranda rights—and we will build an aggressive defense against the charges you are facing.
If you have been arrested, your next move should be to hire a skilled defense attorney. Contact us right away for a free consultation about your case and how we can help.