Be Aware Of The Miranda Warning

It seems so monotonous and begrudging for an officer to have to repeat the five or

six sentences to every person he arrests, regardless of whether it is for murder or petty theft. You are probably familiar with these sentences:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand your rights?

But what do they mean, and why is this phrase so frequently recited? Here, Henry Wade, a criminal defense lawyer of The Wade Law Firm in Texas, explains that the statements have become a statute of law developed out of the verdict from the case, Miranda v. Arizona, and a number of subsequent cases.

The Case of Miranda

According to Cornell University Law School Legal Information Institute, in 1963, Ernesto Miranda was arrested and charged for robbery in Arizona. While in police custody, Miranda signed a written confession to the robbery and several other crimes he had committed but had not yet been charged with. Relying solely on his confession, the prosecutor was able to convince the court of Mirandas guilt.

After his conviction, Mirandas lawyers appealed the decision to the Arizona Supreme Court, arguing that Miranda did not know he had Constitutional rights that protected him from self-incrimination. After the appeal was ultimately dismissed by the Arizona Supreme Court, it was brought in front of the Supreme Court for review in 1966.

The Supreme Court Ruling

In agreement with the defense attorneys views, the Supreme Court ruled that anything a defendant said while in custody of the police could not be used as evidence to prosecute him unless he was first informed of his right to remain silent. The ruling said that the Constitutions fifth and sixth amendments provided individuals with the rights to refuse to be witnesses against themselves, as well as the right to an attorney. In order to ensure that these rights remained protected, the Court developed a set of statements that officers must recite to any defendant who is being arrested or questioned.

It has since become the practice across the country, although the wording sometimes varies. Once this warning, now referred to as Miranda Warning, is issued, and the suspect replies that he understands, everything that he admits to or speaks about can become legal evidence.

As with most aspects of the law, it still remains in your best interest to acquire the advice and guidance of a qualified attorney if you have any legal questions, or feel that your rights have been violated.

by: Henry Wade

POST COMMENT

Smackers Lip Gloss?? A good shopper- Ed hardy The Benefit Of Alpine Head Units How To Choose A Pool Builder When You Can Be Prosecuted For A Hoax Understanding A Statute Of Limitations The Process Of Setting Bail Finding The Perfect Partner How To Get A Previous Charge Expunged Date Ideas Know About A Deferred Adjudication Abrosoft Fantamorph Deluxe 4.2.4 Abrosoft Fantamorph 3