If you have been arrested or detained in Jackson, Mississippi, police officers might read you your Miranda rights. The Miranda warning is a statement that police are required to read to a detained or arrested individual before questioning them. These rights involve informing a suspect about basic rights that they have under the law. These rights include, the right to remain silent. When officers read their Miranda warnings, they also inform suspects that anything they say or do could be used against them in court. Finally, the Miranda rights inform a suspect that he or she has the right to have a lawyer present during questioning and that if a suspect cannot afford a lawyer, one can be appointed. If you have been arrested, you can tell officers that you choose to remain silent, and that you’d like to speak to your lawyer.
Miranda warnings are read to inform suspects or individuals subject to questioning that they have protections against self-incrimination and that they have the right to counsel, that is, the right to a lawyer. Miranda warnings are only required if a person is in custody, or otherwise deprived of their freedom, and where police want to question or interrogate a suspect. Police do not have to read a person his or her Miranda warnings if he or she isn’t under custody or isn’t being detained. This is an important distinction, because sometimes an officer might stop a person on the street or might ask a person questions during a police stop. If you are not being detained or under arrest, officers might not need to read you your Miranda warnings and may still be able to admit any evidence they get from you in this situation. This is why if you are facing any kind of police questioning, even if you are not under arrest, it could be helpful to speak to a criminal defense lawyer before answering any questions. Basically, if you are unsure about your rights when interacting with police, talking to a lawyer first might be a good idea.
If officers fail to read you your Miranda rights after arresting you or detaining you, any information gathered while questioning you might not be admissible in court. That said, any evidence officers might have gathered outside of police questioning will generally still be admissible. So, even if an officer fails to read you your Miranda rights, you could still face prosecution. If you are under arrest in Jackson, Mississippi or have been brought in for police questioning, you may want to protect your rights. Ballard Law, PLLC is a criminal defense law firm in Jackson, Mississippi that works with clients facing a range of charges including DUIs, misdemeanors, felonies, and drug possession charges. Our criminal defense lawyers can be present when officers question you and can stand beside you to help defend your innocence and get you the best possible outcome for your case.
What is Self-Incrimination?
Under the Fifth Amendment of the Constitution, individuals are protected from being forced to serve as a witness against themselves in a criminal case. This is important because it protects a defendant from having to take the stand in a criminal case. This protection also extends to the fact that the prosecution cannot use the defendant’s decision to not take the stand against them. A person has the right to remain silent and the choice to remain silent cannot be used as evidence of a person’s guilt. This also protects a person from having to answer questions police might ask during a criminal investigation. Basically, individuals have the right to remain silent if they have been arrested or detained by police. If you are under investigation for a crime or have been arrested for a crime, you also have the right to have a lawyer present when police question you. A lawyer can defend you and protect your rights during this process. You are innocent until proven guilty. The criminal defense lawyers at Ballard Law, PLLC in Jackson, Mississippi may be able to defend you if you are facing criminal charges. Have questions about your rights? Contact our firm today.
Facing Questions By Police?
According to the ACLU, you are not required to answer any questions asked by police. The only exception to this rule is that if police ask you your name, you may be required to provide it. And if you are pulled over by an officer, you may also be required to show your driver’s license, vehicle registration, and proof of insurance. Beyond this, you have the right to remain silent. Have questions about your rights under the law? Contact Ballard Law, PLLC, a criminal defense law firm in Jackson, Mississippi. Our attorneys can review your situation, and can stand beside you if you are facing police questioning. Contact us today or connect with us through USAttorneys.com.