If you have ever watched a show about law enforcement, fictional or reality based, you may often hear about Miranda rights. If you have ever been arrested, you may have also heard those famous phrases in some form or another. But, it is important to review them from time to time or even review them with your children, so they understand their constitutional rights.
Right to remain silent
Miranda rights protect your Fifth Amendment right to not provide law enforcement with self-incriminating statements. Another way to say that is you have the right to remain silent during an interrogation. Many attorneys advise their clients to invoke their Fifth Amendment right because you could supply police with information that is their job to investigate, not yours to provide them.
Silence is golden
Law enforcement officials may use any statements you make during subsequent court proceedings. Many times, interrogations are recorded and saved. Police may also ask persons accused of crimes to sign statements that are also presented in court. Police have the assignment of helping the district attorney build a case. Usually, a person confessing to a crime has compelling evidence and police can misconstrue your words, which is why silence is golden.
Right to an attorney
Attorneys have the job of asserting the rights of their clients and creating arguments and documents to protect their clients. This is why many attorneys advise their clients to not answer questions or if they do advise answering, craft answers specifically to avoid providing any incriminating information. Interrogation techniques exist and countering tactics for these techniques exist too.
With criminal arrests, you should also be advised that if you cannot afford an attorney, one will be provided for you. Courts often have local and federal public defenders tasked with representing criminal defendants in Florida. You can also represent yourself. However, this is rarely a sound idea. You can use your constitutional rights to enhance your defense.