The Miranda warning, also known as Miranda rights, is a brief statement that informs an individual of certain basic rights when he or she is arrested. Police officers are required to inform every arrested individual of these rights:
- Right to remain silent, and that if the individual chooses to speak, any statements made can be used as evidence in court
- Right to hire an attorney and to keep the attorney nearby during any questioning
While you may be familiar with the most commonly used wording of the Miranda warning from TV shows and movies, if you are facing arrest yourself it is critical that you understand exactly what these rights mean and how to exercise them. A misunderstanding about your rights, or allowing yourself to be convinced by police that you do not need to exercise them, is likely to result in incriminating yourself without realizing you are doing so.
History of the Miranda Warning
In 1966, a Supreme Court ruling found that, in order to protect the constitutional right of every citizen to be free from self-incrimination, established in the fifth and sixth amendments to the U.S. constitution, police officers making an arrest must inform the suspect of that right, in the specific terms outlined by the Miranda warning (named after the defendant in the 1966 case). The decision by the Supreme Court to step into the arrest process in such a dramatic way should tell you something about the importance of these rights.
Practical Impact of the Miranda Warning
While police officers are required to read you your Miranda rights during your arrest, they do not typically have any interest in helping you through the legal process. In fact, it is very common for officers to use intimidation tactics or deception in order to get you to incriminate yourself with a statement. They know that once a capable defense lawyer begins helping you, their job will be much harder and they will have to develop their case against you based on real evidence. This is why, as soon as you anticipate legal danger, you should make full use of your rights and engage the services of an attorney who knows exactly how the Clark County legal process works. A defense lawyer with years of experience and success in the Las Vegas area can keep you from putting yourself behind bars.
