How Do Miranda Rights Protect the Accused?
Miranda warnings are statements that police officers may give to criminal suspects who are taken into police custody before questioning in an interrogation. They inform the accused of their constitutional rights granted by the United States Constitution’s Fifth Amendment, which includes remaining silent and having a lawyer present during questioning.The Miranda warning protects the accused in several ways. They inform an individual of their Miranda rights, which protect against self-incrimination, ensure fairness during questioning, protect the accused against interrogations of a coercive nature, and advise them that when they cannot afford an attorney, one will be appointed by the court.Attorneys from the Missouri DWI & Criminal Law Center offer advocacy and representation when you need it most.
What Are Miranda Rights?
Miranda rights are constitutional rights provided to every suspect. Law enforcement officers must read them to an individual at the time of arrest before interrogating them in a criminal proceeding. These rights come from the Fifth Amendment to the United States Constitution and are upheld by the Supreme court.
Miranda Rights and DUI
What Evidence Does a Police Officer Need to Arrest You for a DWI? When police arrest you for driving while intoxicated or driving under the influence, their actions should be supported by observations such as:
- Traffic violations, including erratic driving like weaving or crossing the centerline
- Visible alcohol containers or the presence of alcohol odor
- Bloodshot or watery eyes
- Slurred speech
- Swaying, staggering, or leaning
- The overall performance of the field sobriety tests
- Squad car video
- Portable breath test reading
Observations include statements the accused made, such as admitting that they drank three beers, etc. are included in the Evidence. Therefore, police officers have to recite your Miranda rights before arresting you. Otherwise, it could be brought up in court by your defense lawyer and might result in the case being dismissed.
What Is Guaranteed by the Miranda Rights?
Reading the Miranda rights ensures the suspect understands their rights to have legal counsel present and avoid making a self-incriminating statement. This can be helpful when the accused is impaired, such as during a DUI arrest.Miranda rights guarantee a suspect the following:
- The right to remain silent
- The right to have an attorney present
- The right to be informed that they are facing criminal charges
- The right to understand the charges that led to their arrest and their Fifth Amendment rights
If you are being stopped for DUI and your right to remain silent is being infringed, you should be aware that Miranda Rights are your constitutional rights, which must always be honored.You have access to an attorney during questioning. By asserting those rights, you can avoid accidentally saying something that the prosecution could be used against you in court.
How Can a Missouri Criminal Defense Lawyer Help You?
It would be difficult to cover more than an overview of Miranda rights here. By understanding your Miranda rights are part of your constitutional freedoms, you may be more inclined to talk to an attorney. If you are arrested or charged with a crime, you may benefit from consulting with a lawyer rather than attempting to speak for yourself.A criminal defense lawyer can help you in several ways if you face criminal charges, such as the following:
- Protecting your legal rights
- Investigating your case and identifying what Evidence an individual needs to arrest you
- Negotiating plea deals
- Representing you in court
- Help you with commonly asked questions on your constitutional rights
When you face criminal charges in Missouri, you could benefit from the assistance of an experienced lawyer with a track record of success. The Lawyers at Missouri DWI & Criminal Law Center understand the intricacies of the law in Missouri and will fight for a favorable outcome in your criminal case. Contact our office today to take advantage of a free consultation.
Miranda Rights Frequently Asked Questions
Below are a few of the most commonly asked questions regarding how Miranda Rights can protect someone.
In What Instances Do Police Officers Need to Read the Miranda Rights?
Police departments are responsible for ensuring their officers read individuals their Miranda rights before questioning or interrogating them while the individual is in custody.
What Happens if the Police Officer Does Not Read the Miranda Rights?
Suppose a law enforcement officer fails to read a defendant’s Miranda rights before conducting a custodial interrogation. In that case, any statements the defendant makes will be ruled inadmissible in a court of law. The prosecution may be unable to use any comments or affirmative answers made by the individual as evidence against them during their trial.However, it’s important to note that when police fail to read Miranda rights, it does not automatically result in the dismissal of charges or the suppression of all evidence obtained during the investigation. The exclusion of evidence will depend on the case’s specific circumstances, including whether the person arrested was actually in custody and whether they were subjected to an interrogation.
