You Have the Right To Remain Silent — So Do It
At Dusek Law, we hope that you have reached this page well in advance of any contact with law enforcement. Many individuals do not realize that they cannot be compelled to speak to police without an attorney present. Too often, people believe they can simply explain their situation and prevent criminal charges from being filed. Unfortunately, these individuals typically do more harm than good.
A lawyer can provide the guidance and protection you need when dealing with police. Schedule a consultation at our East Grand Forks office by calling or emailing the firm..
Miranda Rights (sometimes referred to as the Miranda Warning) is named for Ernesto Miranda, the central figure in a landmark U.S. Supreme Court case. Miranda was questioned for two hours following the theft of $8, during which he confessed to kidnapping and rape. During the interrogation, he was never made aware that he could refuse to answer police questions.
This case established clear direction regarding the reading of the Miranda Rights. These were not new rights, but simply a restatement of the protections offered by the Fifth and Sixth Amendments.
While the recitation of this document alerts individuals to their rights, it serves as more of a protection for law enforcement. Officers can state that an individual was made aware of his or her rights at the earliest onset. The rights outlined in the Miranda Warning are:
- You have the right to remain silent. Anything you say can be used against you in a court of law.
- You have the right to have an attorney present. If you cannot afford an attorney, one will be appointed to you.
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