Las Vegas Criminal Law Blog

Understanding Your Rights: What it Means To Be Mirandized

If you have ever watched an American television show based on law enforcement, then you’re probably familiar with the Miranda Warning. After placing a suspect under arrest, police officers will say something to the effect of “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 for you.” While the wording of your Miranda may vary, police officers are required by federal law to clearly and fully convey these rights to all people arrested under the suspicion of committing a crime. If you have been arrested and you were not Mirandized, then you should seek the counseling of felony attorney in Las Vegas.

What are Miranda Rights?

Miranda Rights are a series of rights that a person accused of committing a crime are guaranteed under the U.S. Constitution. In 1966, The U.S. Supreme Court ruled in the historical case of Miranda v. Arizona that every person taken into police custody, before questioning must be made aware of their Constitutional Fifth Amendment right to not make any self-incriminating statements. As a result of this case, anyone arrested and questioned must be read or given their Miranda Warning.

How to Invoke Your Miranda Rights

If you are ever arrested you can invoke your Miranda at any time prior to or during police questioning. To invoke your rights during an interrogation simply indicate to police that you wish to remain silent or request an attorney. If you request to remain silent, all questioning must cease but if you request a lawyer, all questioning must stop until your lawyer is present.

What If the Police Fail to Advise Me of My 5th Amendment Rights?

If you are arrested and questioned without being read Miranda, the law enforcement agency that arrested you has acted unlawfully. Any statement or confession made by a suspect that was given without a Miranda is considered to be involuntary and can not be used against the accused in any criminal case. Additionally, any evidence discovered as a result of the involuntary statement or confession will most likely be thrown out as well.

Those who feel that their rights have been violated and need a felony attorney serving Clark County, NV, should contact The Law Offices of Benjamin Nadig at 702-706-0076.