As citizens of the United States, we’re read Miranda rights at the time of an arrest. This typically happens before the questioning portion, and after you’ve been detained. A common myth is that you can escape punishment if your officer fails to read these to you, which is untrue. Although we hope this never happens to you, here are some things you should know at the time of your arrest, should it ever occur.
What Are The Miranda Rights?
Your Miranda rights are read to you in four parts. They are as follows:
- You have the right to remain silent
- If you do say something, it can be used against you in a court of law.
- You have the right to have a lawyer present during questioning.
- If you cannot afford a lawyer, one will be appointed for you if desired.
This essentially means that if these officers wish to use anything you say as evidence during the trial, they have to read these rights to you, so that you are aware of your rights.
Pre and Post-Arrest Questioning
Generally, the rule of thumb is to not answer questions until you’ve consulted with your attorney. While you may be required to produce information regarding your identification, it’s best to not speak on anything that may provide the officers with anything deemed incriminating.
While being detained and arrested is not a fun experience, sometimes being transparent with your story is the best way to ensure that you will not face charges, and may be let off before anything has been formally brought upon you. Whatever the case, it’s best to speak with a lawyer prior to speaking to anyone else.
If you’re involved in a legal matter, it’s best to consult the experts. Founded in 2000, Gaines, Novick, Ponzini, Cossu & Venditti, LLP brings together a group of highly qualified attorneys focused on serving the legal needs of individuals, businesses and municipalities throughout New York, Connecticut and the surrounding areas. For appellate cases, we have a number of attorneys that specialize in the specific fields you may be looking for. To learn more about our firm, please click here to see a summary of our practice areas, or contact us at 914-288-9595 or by filling out this online form today.