Our Nashville Criminal Defense Attorney Will Help Explain Miranda Rights
Posted on Thursday, January 21st, 2016 at 4:26 am
Your Nashville criminal defense attorney will help you to understand your Miranda rights.
A Nashville Criminal Attorney Can Explain How You Are Protected by Miranda Rights
Under Miranda, you have the right to remain silent and any statement you make can be used against you in a court of law. You also have the right to consult with an attorney and to have the attorney present while you are being interrogated. If you are not able to afford an attorney, you can be appointed one at no cost.
Understanding When Miranda Applies
Your Nashville criminal attorney will tell you that the police are required to administer the Miranda warnings at the time you are taken into custody and prior to conducting an interrogation. You will not necessarily be handcuffed and jailed to be considered “in custody.” If you have been arrested or your freedom of movement has been severely restricted, then you are viewed as in custody. If a reasonable individual does not feel free to walk away, then this is considered to be in custody. To invoke your Miranda rights, it is sufficient to say something akin to, “I am not answering any questions.” Simple silence is not enough. The optimal time to invoke your Miranda rights is right after they have been read to you and prior to answering any questions or making statements. You can assert these rights at any juncture when you are being questioned by the police even if you have responded to questions or made statements.
Understanding What Will Happen If Law Enforcement Does Not Read You Your Miranda Rights
If the officers do not read you the Miranda rights, statements you have made cannot be used as evidence in court. In addition, if the police find evidence because of a statement made prior to being Mirandized, this evidence will be tainted and can be excluded.
Contact An Experienced Nashville Criminal Defense Attorney
If you have questions about your Miranda rights, call (615) 403-2971 to speak to Nashville criminal defense attorney Brent Horst Attorney at Law.