Free Consultations · Available 24/7 · 212-710-5166
Understanding your right to remain silent

Understanding your right to remain silent

On Behalf of | Oct 12, 2022 | Federal Criminal Defense

You may have heard of the Miranda warning in passing, given its popularity in media like shows and movies. Any time you have heard a police officer warn someone of their right to remain silent, this is part of the Miranda rights.

But that is not the only right it protects. What else should you know about your Miranda rights if you end up facing arrest or interrogation?

Your protected rights

According to Miranda Warning, your Miranda rights are crucial and not to be underestimated. They protect two separate rights: first, your right to remain silent. This is the most well-known right. It is largely in place in order to keep you from incriminating yourself by accident.

Next, you have the right to legal representation in a court of law. Not everyone can afford this, which the Miranda rights take into consideration. Under these rights, the state will provide you with representation if you cannot afford it yourself.

An officer needs to take care and make sure that you understand these rights thoroughly, and that you understand what you are giving up if you choose to waive them in order to speak with police anyway.

Should you waive them?

Many people falsely believe that only the guilty will invoke their Miranda rights. Thus, they choose to waive them without realizing how much potential damage this can cause.

After all, whether a person is guilty or innocent does not stop them from self-incriminating during interrogations. It is best to leave the communication up to legal representatives who know how to phrase things.

Archives

FindLaw Network