On Behalf of Palacios Law Group
When an officer places you under arrest, he or she must read you your Miranda Rights. This process is very important and could make a huge impact on your case when you head to court.
The Legal Information Institute explains Miranda Rights are a warning officers give you to make you aware of your constitutional rights to remain silent and to secure an attorney. These rights are essential to ensure you do not provide evidence against yourself that the prosecution can use in court.
In the warning, the officer will tell you that you do not have to answer questions or say anything because if you do, the prosecution can use it against you. You will also learn that you have the right to an attorney, but if you cannot afford one, the court will give you one. The officer must also ask you if you understand the rights.
The right to be silent means you do not have to answer questions about the incident at hand or explain yourself in any way. Even if an officer asks you questions, you can say you evoke your right to remain silent. Generally, you do need to give the officer your name. It is important to note you should never give a fake name or lie to an officer because could get you into more trouble.
The right to an attorney is also critical to understand. You should only speak with your attorney. Once you are a client, he or she must keep what you say confidential. You should state that you want an attorney as soon as possible after your arrest. Once you do this, the officers can no longer ask you questions.