Austin Criminal Lawyer

Understanding Your Miranda Rights

In 1963, an Arizona man named Ernesto Miranda was arrested in connection with the kidnapping and rape of an 18-year-old woman. During questioning, Ernesto confessed to the crime, and his confession was used in court to convict him. After several appeals, Miranda v. Arizona was brought before the U.S. Supreme Court. The Court decided that, since police had failed to inform Ernesto that he had the right to remain silent and the right to have an attorney present during questioning, the confession obtained by police had violated Ernesto’s Constitutional rights and was inadmissible as evidence.

This case, Miranda v. Arizona, established the doctrine of the “Miranda Rights.” In essence, the Miranda Rights are a reflection of two rights guaranteed to all citizens by the U.S. Constitution, namely, the right to avoid self-incrimination and the right to legal representation. The right to self-incrimination, commonly known as the right to remain silent, is guaranteed by the Fifth Amendment, which is the origin of the phrase “plead the fifth.” This right allows a defendant to avoid giving any information which may be used to prosecute him or prove his guilt in court. The right to legal representation prevents people who are not experienced and trained in the law from being taken advantage of by police and prosecutors by requiring that an attorney be provided for them upon request.

While these two rights were established long before the Miranda case, Ernesto’s legal battle resulted in the ruling that defendants must be informed of their rights before they are questioned. Police could no longer simply assume that a defendant’s failure to exercise their constitutional rights was by choice and not by ignorance. Therefore, police are required to “read someone their rights” before questioning them, otherwise the information gained from the interrogation is inadmissible in court.

The actual Miranda warning is very familiar to modern citizens, even if they are not aware of what it is:

“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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

This passage is heard on television, in movies, in books, and is standard fare that many people take for granted. However, these same Miranda Rights are vital to anyone who has ever been or ever will be accused of a crime.

If you ever find yourself in a situation where you need an Austin criminal defense lawyer, don’t hesitate to call the offices of Morales & Navarrete at 512-474-1499 to get an attorney who will fight to prove your innocence.