The Law Offices of Anthony N. Palumbo
Phone: 908-316-8671

Did you waive your Miranda rights?

Whether you've been arrested or not, we've all heard about "the right to remain silent." Your right to remain silent when you get arrested and accused of a crime is a part of your Miranda rights -- which are civil rights afforded to all individuals accused of a crime.

By virtue of your Miranda rights, you can stay silent when authorities question you about alleged criminal behavior. You also have the right to representation of an attorney. However, in many cases where police say they obtained an alleged confession from a defendant, police will say that the defendant waived his or her right to remain silent and chose to make an incriminating statement or confession.

The thing is, in order for a defendant to waive his or her Miranda rights, the defendant must have been informed of these rights and understand them. This is why police will read the defendant his or her rights, so that -- if the defendant chooses to make an incriminating statement -- it can be used as evidence to try and convict the defendant in court.

Defendants could waive the right to remain silent or the right to legal representation with an express or implied waiver. An express waiver of Miranda rights involves the defendant stating or agreeing in writing that the right to a lawyer or the right to stay silent has been waived. An implied waiver involves the defendant acting in a way that shows he or she has knowingly waived these rights.

Many suspects have successfully defended themselves against criminal accusations by showing that their Miranda rights were violated. If, for example, police obtained an alleged confession without the suspect first waiving his or her Miranda rights, that confession will not be admissible as evidence that can be used against the suspect in court.

Source: FindLaw, "Waiving Miranda Rights," accessed Oct. 06, 2017

No Comments

Leave a comment
Comment Information

Learn How I Can Help You

Bold labels are required.

Contact Information

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.


Privacy Policy

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

Toll Free: 866-664-8118
Phone: 908-316-8671
Fax: 908-272-7322
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: 908-272-7322
Did you waive your Miranda rights? | The Law Offices of Anthony N. Palumbo