"You have the right to remain silent. Anything you say or do will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you free of charge... "
Miranda Rights serve a two-fold purpose: one, to protect the rights of citizens against self-incrimination, and two, from the officer's point-of-view, to sustain the admissibility of your statements in a court of law. Let's take a look at what the Miranda Rights mean from a citizen's point of view.
"You have the right to remain silent."
Have you ever heard the term, "I plead the 5th"? The fifth amendment of the constitution guarantees three things: the right to a grand jury, forbids "double jeopardy" and protects against self-incrimination.
Part of your Miranda Rights is the right to remain silent. This means that you have the right to refuse to answer questions that could be self-incriminating without an attorney present. In the heat of the moment, as the cuffs are being placed around your wrists, it's easy to want to plead your case with the officers. Don't. Remember, "anything you say or do will be used against you in a court of law."
You do not, however, have the right to refuse to tell the police your name, address and birthday once you are under arrest. Doing so could land you with more charges, such as "failure to ID". Lying about your identity can get you charged with "obstruction" and "providing a false name". Always be honest with the police about your identity.
"You have the right to an attorney."
Attorneys are one of the greatest assets a defendant can have. Navigating the legal system on your own can be a daunting task. The legal jargon in itself can make your head spin. Defense attorneys know the system, and they know that every defendant and situation is different. They know how to defend your rights.
If you or a loved one have been charged with a crime, your best chance at a positive outcome after an arrest is to take advantage of an experienced defense attorney, whether you, or they, are innocent or guilty of the charges.
The Miranda Warning protects a person's rights by explaining their options clearly while being put under arrest. It also upholds police authority when they properly read the Miranda Warning and get a clear, intelligent answer that the suspect understands his or her rights as they have been explained. The Miranda Warning is a legal necessity throughout the United States, and varies only slightly in its wording in different states.
If you live in the Houston, Texas area and are in need of a criminal lawyer, call David Ward. David Ward handles all of his cases directly and will give you the attention you deserve. Call him at 936-441-4440 or visit his website at dwardattorney.com
Don't leave your freedom to chance, hire an experienced lawyer.
Article Source: http://EzineArticles.com/expert/David_Ward/2206358
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