The Fifth Amendment: Your Miranda Rights
The Fifth Amendment protects you from making any potentially self-incriminating statements if you are being arrested. If you are under arrest, it is the law that you are to be informed of your Miranda rights that inform you of the following:
- 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.
- If you cannot afford an attorney, one will be appointed for you.
This means when an officer “reads you your rights,” you aren’t required by law to speak with the police and may request an attorney.
What If I Am Not Read My Miranda Rights While Being Arrested?
If you are not read your Miranda rights when being arrested, anything you say is presumed to be involuntary, and therefore cannot be used against you in any case trial. Any evidence that may have been discovered because of what you said while not being informed of your rights may likely also inadmissible.
If you believe that your Miranda rights have been violated, it is important to have a knowledgeable criminal defense attorney fighting for you. The very real possibility exists that this may have a big effect on your case and could even lead to a dismissal of the charges against you.
For any criminal matter, whether or not you have been read your rights, we invite you to contact Waukesha attorney John Paul Marchan here for a FREE initial consultation to discuss your case.