(Newswire.net — August 14, 2020) — If you ever get arrested, it can be a confusing, disorienting, and overwhelming experience. You may not know what to do, what to say, who to turn to, or what comes next. One thing is for certain, and that is you will be dealing with a police officer at some time. When that happens you may wonder whether you should cooperate with them or if you should keep your mouth shut. It is not an easy decision, but it is not one that you should have to make alone.
That is because you have the right to an attorney and you should exercise that right as soon as you can. Your attorney will let you know what you need to do and will represent you in a trial if the case goes that far. So be sure to contact a criminal law firm in Miami, Fl if you get arrested and need an experienced defense attorney to help you.
Do I Have To Answer Questions Asked By The Arresting Officer?
Whether you decide to speak with the officer after you have been arrested is a personal choice, but you do not have to do so. That is because you have the right to refuse to answer any questions while you are being held in custody. It is a right granted to you by the Constitution and you are free to uphold that right if you please without fear of recrimination.
Of course, if you choose to waive that right and speak with the officer, then that is up to you as well. However, it is advised that you get an attorney before speaking to the police officer because you have the right to an attorney and the right to remain silent. Both of those rights are among the Miranda rights granted to all suspected criminals who are being held in custody. The arresting officer should have told you about those rights while they were arresting you.
What are Miranda Rights?
When you get arrested by a police officer, they are supposed to read you the following Miranda rights:
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You have the right to remain silent.
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Anything that you say can be used against you in a court of law.
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You have the right to an attorney.
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If you cannot afford an attorney, then one will be appointed to you.
These warnings are to uphold your Fifth Amendment rights as granted by the Constitution of the United States. Those rights are there to protect you against self-incrimination. That means you are not obligated to answer any of the questions asked by the police officer. You can speak to the officer if you want but since any statement you make can be used against you in court, it is better if you stay silent, ask for a lawyer, and follow your lawyer’s advice. You should note that lying to a government official is a crime, but that keeping silent is not, so it is better to be discreet and exercise your right to stay silent.
What Happens If I Have Not Been Read My Miranda Rights?
If the officer does not read you your rights, then anything that you say while in custody is inadmissible in a court of law.
Know Your Rights When You Are Arrested
Even suspected criminals have rights and you should know what yours are if you ever get arrested. The arresting officer should read you your Miranda rights as they were taking you into custody, but even if they did not, you should be aware of those rights anyway. The most important ones are the right to remain silent and the right to an attorney and you should exercise both of those rights if you ever get taken into custody.