The Law Offices of Palumbo & Renaud
Phone: 908-316-8671

What are my Miranda Rights?

Have you ever watched a movie or TV show and heard a police officer say, "You have the right to remain silent?" Of course you have. But why do the police say this?

The "right to remain silent" is one of the rights afforded to those who are arrested due to suspicion of criminal activity. These rights -- and a defendant's right to know them -- are illuminated by the legal case Miranda v. Arizona. This case established the legal precedent of a suspect's right to know his or her Fifth Amendment protections. Before questioning an arrested person, police must inform him or her that the Fifth Amendment offers the right to stay silent and not volunteer potentially incriminating information.

Your Miranda Rights include four specific things that police have to tell you:

-- 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 an attorney; and

-- If you cannot afford an attorney, one will be appointed for you;

When police fail to advise you of your Miranda Rights, prosecutors may not be able to use the things you say against you. Confessions made and/or incriminating information provided without knowing your rights are likely to be ruled as "involuntary" statements and inadmissible as evidence in criminal court.

Imagine police arrest you for an alleged robbery. They handcuff you and take you back to the police precinct, where they begin to interrogate you in a forceful manner. Frightened and scared, you issue incriminating statements about yourself. However, the police and interrogators never advised you of your right to remain silent. As a result, none of the incriminating statements you made will be considered admissible in court.

Many defendants have won their criminal cases due to the failure of police to advise them of their Miranda Rights. This is a powerful law that every criminal defendant should consider when navigating the criminal justice system.

Source: FindLaw, "'Miranda Rights' and the Fifth Amendment," accessed July 07, 2017

No Comments

Leave a comment
Comment Information

Learn How I Can Help You

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Cranford Office
190 North Avenue East Suite 1
Cranford, NJ 07016

Toll Free: 866-664-8118
Phone: 908-316-8671
Cranford Law Office Map

Elizabeth Office
740 Newark Avenue
Elizabeth, NJ 07208

Toll Free: 866-664-8118
Phone: 908-316-8671
Elizabeth Law Office Map

Brielle Office
503 Union Avenue
Brielle, NJ 08730

Toll Free: 866-664-8118
Phone: 908-316-8671
Map & Directions

Phone: 908-316-8671 Fax: 908-272-9029
What are my Miranda Rights? | The Law Offices of Palumbo & Renaud