We’re taught how lucky we are to have all these freedoms and rights like freedom of speech, but we also have the freedom to remain silent that can be just as important to exercise in the proper situations.
When the police make an arrest, they must read the Miranda Rights. The Miranda Rights protects the 5th and 6th Amendments of the U.S. Constitution – the right against self-incrimination and the right to counsel.
In order to utilize the full protections under the law, the arrested individual must give a clear and concise affirmative answer. Silence is not acceptable. “I wish to remain silent.” That would be an affirmative answer, and then no more will need to be spoken after. Note that the arrested person cannot be convicted based on his or her choosing to remain silent.
Anytime before or during interrogation, questioning MUST stop if the arrested person requests an attorney or asks to remain silent. Miranda Rights are only read to those who will be interrogated; arrests can be made without the Miranda Rights if no interrogation is intended. If, later on, the police do intend to question the suspect, they must then read the Miranda Rights aloud.
The Miranda Rights are protection from self-incrimination, not being arrested. It’s best to seek legal advice from an attorney so they can help set up the best situation scenario as possible.
Your Rights As An Arrestee
Just because you were arrested and may have committed a crime does not mean you are stripped of your rights. Your rights, especially as an arrested individual, have a huge purpose to protect you. You are…
- Innocent until proven guilty
- Entitled to make a phone call after getting arrested
- Entitled to legal counsel
- Entitled to a fair and speedy trial
- Entitled to have your property and possessions returned to you after being released, unless it is evidence
- Entitled to know your charges
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