The Miranda Warning and your rights.

What is the Miranda Warning? 

Any person taken into police custody must be informed of their Fifth Amendment rights against self-incrimination and their Sixth Amendment right to legal counsel prior to any questioning in any federal case, state felony case, or other custodial interrogation, and their Fourteenth Amendment right to a fair trial.

The main elements of the Miranda Warning are:

1. You have the right to remain silent.

2. If you give up the right to remain silent, anything you say can, and will, be used against you in a court of law.

3. You have the right to an attorney. and

4. If you cannot afford one, an attorney will be appointed for you.

Don’t waive your rights

Police are required to follow a specific procedure when informing you of these rights (often utilizing a card which lists those rights). They will also ask if you understand what they have told you about your rights.  You have undoubtedly seen this reading of rights play out on tv or in the movies, but make no mistake, this is an extremely important procedure and you must take it very seriously.

If you have been accused of a crime or are being questioned in connection to a crime, you should speak to an experienced Criminal Defense Lawyer as soon as you possibly can.  Your Lawyer will clearly explain your rights to you, help you to understand the charges against you, outline the choices available to you, offer advice, and assist you in your defense.

Speaking to the police without a lawyer is never recommended.

What to do if you are arrested

You are not obligated to answer police questions and doing so can sometimes place you in great danger or legal jeopardy. Even if you know you are innocent, even if the police are saying they just have a few questions, even if you don’t think you are in custody and they have not read you the Miranda Warnings:

1. DO NOT answer questions.

2. DO ASK FOR A LAWYER.  And always remember that, even if you started speaking, you may still stop speaking at any time and ask for a lawyer.   

Unfortunately, while nearly everyone is in fact informed of their rights when they are arrested, many people end up waiving their rights in the end and answering police or detective’s questions, and unfortunately for them this does result in evidence being used against them in Court. Not getting the advice of an attorney before talking to police or making important legal decisions may seriously affect the outcome of your case.  

A Miranda Warning example

Every jurisdiction has its own version of the Miranda Warning. Here is one version of the Miranda Warning that is used in the Commonwealth of Massachusetts:

1. You have the right to remain silent.

2. Anything you say can and will be used against you in a court of law.

3. You have the right to talk to a lawyer and have him or her present with you while being questioned.

4. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

5. You can decide at any time to exercise these rights and not answer any questions or make any statements.

Contact an experienced attorney

If you have an experienced criminal lawyer such as Attorney Michael S. Rusconi on your side, you will have an edge.  We knows how to evaluate evidence. Because of our experience as a prosecutor, we know how the prosecution will likely build their case against you. We also knows what defenses are effective and what strategies are available to counteract the forces trying to convict you.  Working for you, listening to your story and honoring your wishes,  Attorney Rusconi will make every effort to balance the scales of justice, as he puts together the best possible defense of your case.  Whether you are faced with a misdemeanor charge or a serious felony, with Attorney Rusconi by your side, you will have a skilled defense attorney who will fight for you.

Call Attorney Rusconi for help, or if not urgent, contact us below.