How Does the Miranda Warning Help the Accused?
Individuals who are placed under arrest or accused of a crime should be given the Miranda warning, also referred to as Miranda rights. The Miranda warning reminds individuals of their inherent rights granted by the Fifth and Sixth Amendments of the U.S. Constitution. The Fifth Amendment protects individuals from making self-incriminating statements and reserves the individual’s right to remain silent during interrogations and trial.
The Sixth Amendment protects the individual’s right to seek legal counsel and be represented by an attorney of their choice or obtain the services of a court appointed public defender. Together, these constitutional rights apply to all individuals during any involvement with the police unless they are waived. The Supreme Court requires police officers to warn individuals that waiving their rights could be damaging to their case and used as evidence against them during a trial. In some states, police officers are also required to ask if the accused understand their legal rights.
It is important that anyone who is arrested or becomes detained reserves their rights and remains silent until conferring with an attorney. Once the Miranda warning is given, anything the individual says becomes admissible evidence and could cast a negative light onto their case. A recent ruling by the Supreme Court requires individuals to explicitly state their intentions on remaining silent and wanting the help of a lawyer. Individuals who have agreed to speak with police may stop talking at any time and invoke their rights, but anything said prior to this can be used against them. Persons who are unfortunate enough to be arrested should do a few things in order to protect themselves and their case. The first and most important thing to do is remain calm. Arrests usually come as a surprise, but getting upset and unruly only intensifies the situation and keeps individuals from making sound decisions. The second thing individuals should do is invoke their right to remain silent.
The accused should simply state their intention to use their constitutional right and say nothing else. It is never worth explaining your innocence or speaking about the accusations because it can only be damaging. There is no legal penalty for remaining silent, so this right should be reserved in all situations. The third thing people should do is seek the guidance of a skilled criminal lawyer.
Convictions and jail time hinge on the effectiveness of an individual’s legal representation. By hiring a criminal lawyer or an experienced DWI attorney, individuals receive immediate advice on their case and help throughout the legal process from professionals who have fought similar cases in the past. Attorneys specialize in assault, sex offenses, DWI, and other charges, and are ready to take on new cases all the time. Being arrested or accused of a crime can leave you feeling helpless, but getting legal assistance will begin the process of recovery.