You may have heard the term “Miranda warning” used when discussing your rights before an arrest. Basically, a Miranda warning informs individuals of their Constitutional rights, particularly those involving the Fifth Amendment.
You are likely familiar with a generalized version of the Miranda warning, which advises individuals that they have the right to remain silent and the right to an attorney. If the police did not read you your Miranda rights before arresting you in California, we may be able to get the “anything you say can be used against you” part thrown out.
Sections of a Miranda Warning in California
Police officers may read you your Miranda rights here in Los Angeles. According to this warning, you have the right to remain silent. This refers to your Fifth Amendment rights, which state that you do not have to answer a question if it will incriminate you.
A Miranda warning should also inform you that everything you say can later be used against you in court. This means that police officers can use confessions against you. Make sure that you do not admit to a crime when talking to police officers or the prosecution.
You also have the right to receive legal assistance after an arrest. The court system will assign you a public defender if you cannot afford to hire a criminal defense lawyer in Los Angeles. Police officers must inform you that you are legally allowed to work with a private lawyer or a public defender.
Miranda Warnings and Arrests in Los Angeles
Many individuals in Los Angeles are unsure when they should receive a Miranda warning. Police officers do not have to issue this warning every time they speak with you. In fact, legally, police officers issue this warning when making an arrest.
Police officers are legally allowed to ask general questions before issuing a Miranda warning. For example, you may answer questions about your name, address, and date of birth.
Police officers are sometimes allowed to perform a search before they read your Miranda rights. They are allowed to search you for a weapon, for example, in order to protect themselves. However, police officers can violate your rights if they neglect to read your Miranda rights in a timely fashion.
Your Rights and Miranda Warnings in Los Angeles
Why do police officers have to read you a Miranda warning after an arrest? The court system started mandating Miranda warnings after the Supreme Court case Miranda v. Arizona. In this case, a man – Ernesto Miranda – ended up confessing to major crimes because he was not told that he did not have to speak to police about his charges and that he could request a lawyer for legal assistance.
Police officers use Miranda warnings to make sure individuals are aware of their Constitutional rights. Miranda warnings do not grant you “new” rights. They only provide information about rights already granted by the Constitution.
Effects of a Police Officer Neglecting a Miranda Warning
Legally, police officers are required to issue a Miranda warning when making an arrest. They must also receive confirmation that an individual understands their rights. Staying silent is not considered confirmation that a Miranda warning was understood.
You should inform your lawyer if police officers did not issue a Miranda warning. A lawyer can take steps to get evidence thrown out if you were not informed of your rights. Removing evidence can help weaken the prosecution’s case against you.
The experts recommend that you fully exercise your Constitutional rights after an arrest here in Los Angeles. Get a lawyer to work on your defense quickly. An attorney in Los Angeles can focus on protecting you, getting your charges reduced, or even getting your charges dismissed.
Ask a Lawyer About Your Miranda Rights Today
Miranda rights are tied to the Constitutional rights to remain silent and to receive legal counsel after an arrest. You can exercise your rights by contacting the Simmrin Law Group after your arrest. Allow our Los Angeles criminal defense lawyers to help you.
Just complete our online contact form or call (310) 997-4688. We’ll begin reviewing your situation right now with a free consultation.