Miranda rights: Why don’t we ever learn about these?

| Mar 7, 2016 | Criminal Defense

“You have the right to remain silent. Anything you say can 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 for you…”

Thanks to thousands of crime shows and movies, most of us can recant some sort of variation of these Miranda rights. But many people aren’t aware that there are so many other parts to these warnings-and meaning behind them-pop culture platforms do not typically disclose.

Such details are likely omitted from television shows and movies for dramatic purposes. Reading all of the nuances doesn’t quite have a dramatic flair. However, the nondisclosure certainly doesn’t make them any less important. They are rights granted to every citizen and can be vital in preserving repercussions associated with a criminal offense.

Here are a couple common omissions:

First, invoking the right to an attorney isn’t a “use it now or lose it later” scenario. Individuals can invoke their right to an attorney before the interrogation takes place and during. Many people often believe that once they start talking, they have forfeited their right to counsel.

Second, once individuals invoke the right to remain silent, police must stop the interrogation. They can’t keep pestering individuals to try and get them to talk.

Along with the above references, states have passed their own specific laws supplementing traditional Miranda warnings. In the state of Florida, for instance, officers are required to ask suspects if they understand their rights and if so whether they wish to talk.

Those looking for an interpretation to their own situation are encouraged to consult with a criminal defense attorney in the jurisdiction where the arrest occurred.