You have the right to remain silent (and more)

If you've ever seen someone arrested on an American crime drama, then you've seen police read the suspect their Miranda rights. But what exactly are your rights and where do they come from? If I am being detained, how might invoking my rights affect my case? And how do I make sure I am invoking them correctly?

The Miranda rights are a set of warnings police must give to a person before custodial interrogation. These rights are named after the landmark Supreme Court case of Miranda v. Arizona (1966). In Miranda, the Court ruled that police must tell individuals have the right to remain silent and to have an attorney present during police questioning about an offense if they are being detained. In other words, if you aren't free to leave then police must read you your Miranda rights before asking questions about a crime.

Under the United States Constitution, the Miranda rights are:

• 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.

Under the Texas Constitution, the police also must also say:

• You have the right to terminate this interview at any time.

It is important to reiterate that these rights only apply if a person is undergoing custodial interrogation, This means that if a person is not under arrest AND being questioned by the police, then they do not have to read the rights.

To invoke your Miranda rights, staying silent is not enough. You need to vocally and unequivocally assert your right to remain silent. Even better, you have the right to an attorney, and your constitutional protections are even greater if you unequivocally assert your right to counsel (say "I want a lawyer!).

If a person properly invoke their Miranda rights, it may be possible to have any statements made under custodial interrogation thrown out as evidence.

My best piece of advice is simple: when the police want to talk to you, don't talk back. Unless you don't mind apeparing in court (either as a witness or as a defendant).

#Dallas #CriminalDefense #NorthTexas #Texas #drugcrimes #DUI