Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Were Your Miranda Rights Respected During Your Arrest?

Law Blog

All people, no matter their legal history, have certain rights that must be respected. Criminal law attorneys everywhere make sure their defendants get justice after police wrongdoing.

Every day, police officers around the country arrest thousands of people. In fact, in 2014 alone, over 11 million people were arrested across all 50 states. With so many arrests, officers are bound to make errors that could infringe on the rights of the people they take into their custody. One of the most important duties police officers have is to inform anyone they interrogate of their Miranda rights. 

The Origin of Miranda Rights

In 1966, the U.S. Supreme Court was presented with the Miranda v. Arizona case. The case covered an event in which a defendant accused of a crime in Arizona confessed to the crime after a lengthy interrogation session. The defendant was never made aware of their right to legal counsel and to avoid self-incrimination. The defendant wrote a confession during the interrogation session, but then later, with the help of a lawyer, tried to claim that the confession was inadmissible due to coercion. Sadly, the defendant was convicted based on a confession that they made without knowing their rights. 

What Police Officers Must Tell You

After hearing the case, the U.S. Supreme Court ruled that all police officers must avoid infringing on anyone's fifth and sixth amendment rights. So, police officers must inform anyone they take into custody that they have the right to stay silent and work with a lawyer. They must also tell detainees that anything they say could be used against them and that they can waive their rights voluntarily. Although many officers have memorized a script for relaying this information to detainees, the U.S. Supreme Court didn't determine how they must relay this information. As long as an officer clearly communicates this information to every person they interrogate, they have fulfilled their duty. 

How You Can Get Justice

If you were arrested and interrogated and the officers involved didn't inform you of your Miranda rights, a criminal law attorney can help you get justice. Anything you said before you were informed of your Miranda rights may not be admissible in court. If you gave officers a spoken or written confession before hearing your rights, that confession may be invalidated. If officers informed you of your rights at any point during the interrogation before you confessed, your confession will likely hold up in court. Your best chance at avoiding conviction after giving a confession is to consult with a lawyer as soon as possible. 

Contact a criminal law attorney for more information.


10 November 2020