26 Aug Do Cops Need to Read You Your Rights in Arizona?
We’ve all heard these lines in movies and tv dramas: “You have the right to remain silent. Anything you do or say can be used against you in a court of law. You have the right to an attorney…”
The Miranda Rights are an important part of the criminal justice process. Maricopa County takes them seriously, and so should you. Understanding your rights keeps you from incriminating yourself, and ensures that the police cannot trick you into doing so.
If you get arrested in Arizona and the cops never read you your rights, it is important to let your lawyer know that right away. If the police do not explain your rights, they are denying you the opportunity to defend yourself. This failure in protocol can also damage the prosecution’s case against you.
Miranda vs. Arizona
The term Miranda Rights comes from the Supreme Court case of Miranda vs Arizona. An investigation revealed that the defendant, Miranda, had their rights violated during a police interrogation. The court ruled that this violation rendered Miranda’s confession invalid. In order to get this ruling Miranda had to send appeals up through the court system until it reached the Supreme Court. Once the ruling was made, the original trial was not valid and Miranda was retried without the confession and found guilty. This became an important case and was later the basis of the Miranda rights to keep law enforcement in check and to ensure everyone accused of a crime understands their rights.
What Are the Miranda Rights?
1. “You have the right to remain silent.”
If you ever get arrested, the best thing to do is to ask for a lawyer. Do not answer any questions until you have had a chance to speak with your lawyer. The only question that you must answer is your name if asked. Not providing your name to law enforcement can be a misdemeanor offense.
2. “Anything you say or do can—and will—be held against you in a court of law.”
This is the reason why remaining silent is so important. The police (and the prosecution) will use anything you say or do against you. Do not argue, protest, or resist arrest, because this could severely damage your case.
3. “You have the right to speak to an attorney.”
This is one of the most important Miranda rights. An attorney who knows the justice system can advise you on what to say and how to plead, and help you secure the best possible outcome for your case. If you give up your right to an attorney, it could hurt you later on in court.
4. “If you cannot afford an attorney, one will be appointed for you.”
The justice system is responsible for making sure you are fairly represented. However, court-appointed attorneys often have a high volume of cases that they are working on and cannot give each case the attention it deserves.
5. “Do you understand these rights as they have been presented to you?”
If you do not understand something that is explained to you, do not agree with it. Wait for your lawyer, who can help explain the situation. This is a very important part of making sure your rights are not violated by law enforcement.
If You Get Arrested, You Need an Attorney
Pleading guilty to criminal charges can mean facing incarceration, expensive fines, and fees. A conviction can even keep you from getting jobs, public benefits, and even housing.
If you need a criminal defense lawyer in the Phoenix area, Todd Coolidge is one of the best in Arizona. With over 25 years of experience and a deep understanding of the criminal justice system, he can help you get the best possible outcome for your case. Contact us today for a consultation.
Images used uncreative commons license – commercial use (8/25/24). Photo by Ocean Biggshott on Unsplash.