How Do Miranda Rights Affect a Criminal Case in Wisconsin?

 Posted on December 20, 2019 in Criminal Defense

Our founding fathers established certain requirements when it came to creating a new country and a new government. Many of those provisions dealt with the individual and collective freedoms of citizens of the United States. These rights were given to people through the U.S. Constitution and its amendments. Some of the most important rights to those accused of criminal offenses in this country are referred to as “Miranda rights” after the conclusion of the 1966 Supreme Court case, Arizona v. Miranda. This landmark case established the requirement that suspects must be informed of their rights, a protocol used by all police forces around the country.

What Are Miranda Rights?

Your Miranda rights are those rights that are guaranteed to you in the Fifth and Sixth Amendments to the U.S. Constitution. These include the right to remain silent, the right to an attorney, and the right against self-incrimination. The case Arizona v. Miranda established that all police officers are required to inform you of these rights. All police departments have a different variation of the text used, but it typically sounds something like this:

“You are being placed under arrest. 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 to you. Do you understand these rights as they have been read to you?”

Effects of Miranda Rights on Criminal Cases

Arizona v. Miranda made a huge impact on the way that criminal law was practiced in the United States. Now, instead of police slyly gathering evidence by talking to a suspect who has been arrested, they must ensure the suspect is aware of his or her rights first. However, the protection under Miranda rights can only go so far. Some people are misinformed or misunderstand how those rights can protect them. For example, police are not required to read you your Miranda rights until after they have already placed you under arrest. Prior to that, any statements a police officer can gather before you are actually arrested can be used against you. Once you are in police custody, however, if the officer does not read you your rights before he or she interrogates you, anything you say will most likely be inadmissible as evidence. That is why it is essential to speak with a knowledgeable attorney before you say anything. 

Contact a Jefferson County Criminal Defense Lawyer

In the United States, the freedom of its citizens has always been an important aspect of our country. As a U.S. citizen, you have the right to exercise your constitutional rights, even if you were not informed of them during or after your arrest. At the Bucher Law Group, LLC, we know how important it is to protect the rights of our clients. Our skilled Waukesha County criminal defense attorneys can help you build a solid defense against your criminal charges, especially if you were unable to exercise your Miranda rights. Call our office today at 262-303-4916 to schedule a free consultation.

Sources:

http://www.mirandarights.org/righttoremainsilent.html

http://www.mirandarights.org/selfincrimination.html