By now, most of us know at least part of the Miranda Rights (or "Miranda
warning"). They have been featured in countless movies and television
shows depicting law enforcement making an arrest. However, misconceptions
about this critical criminal justice concept still persist and many who
find themselves facing a criminal charge too often fail to recognize their
First, let's take a look at the full Miranda warning:
- 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 speak with an attorney and have one present during
- If you cannot afford an attorney, one will be provided for you.
- You can decide to exercise these rights at any time.
Why Miranda Rights Are Important
Law enforcement is required to recite your Miranda Rights upon an arrest
for a very critical reason: to let citizens know that they do not have
to answer questions (and have a right to counsel before doing so). This
is so important because, in the past, some citizens either felt obligated
to answer all of the police's questions or were illegally compelled
to by officers and detectives willing to intimidate and manipulate those
Essentially, the Miranda Rights can prevent those in custody from needlessly
incriminating themselves. They place a restriction on law enforcement's
power to compel witnesses and suspects and generally help maintain the
integrity of a criminal investigation.
Miranda Rights and "Invalidated Charges"
The most commonly believed misconception about the Miranda Rights is that,
if they are not read during an arrest, then the charges against the individual
taken into custody are somehow invalidated. Unfortunately for those counting
on some kind of technicality to put an end to their legal troubles, this
is not true.
What is true is that if police officers do not recite the Miranda warning
during your arrest, any questioning that takes place following that arrest
is inadmissible in court. So while it is true that the absence of a Miranda
warning can have a highly significant bearing on a case, it does affect
the original underlying charge against the accused.
Have more questions about your criminal charge? Ensure that your defense
counsel is knowledgeable, trusted, and capable of results. Our sought-after,
award-winning Buffalo criminal defense attorneys at
The Rossi Law Firm are ready to review the circumstances of your case and launch a powerful,
dynamic defense on your behalf.
Face this uncertain time with a proven advocate by your side.
Contact us today.