Over the decades, film and television have given us a false impression of what are colloquially known as “Miranda” rights. This is the now infamous legal recital that begins, “You have the right to remain silent,” and continues on with the list of legal rights someone being arrested is entitled to.
We’ve pointed out in the past that the fictional interpretation of “Miranda” is incorrect, and that you cannot revoke an arrest just because a police officer did not read you your Miranda rights. Miranda rights, which gets its name from the 1966 case, Ernesto Arturo Miranda vs. Arizona, is the set of rights people are entitled to just before interrogation for official legal records.
In other words, no recital of Miranda rights is required when someone is arrested, but the recital IS required prior to questioning about whatever arrest and charge is for.
This is why we urge every single person who is arrested and charged with a violation—especially a criminal one—to keep a cool head and really think about what Miranda rights mean. Miranda rights are informing you that once you are brought in for questioning, everything that you say can potentially be used in court to incriminate you. However, Miranda rights also allow you to say nothing, and to only communicate the specifics of your charges and case with a lawyer.
You should always, always exercise your Miranda rights after they have been given. Consult with an experienced criminal defense lawyer, like the ones here at naiburgobedinandweissman.com and ensure that you say nothing that will be used against you in a court of law. As an American citizen, it is illegal for the police to force answers out of you, and if they have not read you your Miranda rights before they questioned you, they are in breach of law, not you.
Being arrested and charged is a traumatic, upsetting event, but if you can keep calm, and exercise your Miranda rights, you are taking the first step towards protecting yourself in court. Your next step is getting a criminal defense lawyer that will fight for and with you against the charges.