We’ve all heard it before. Whether it’s on a true crime documentary, on a fictional movie or television show like CSI or Law and Order or even in our own experience, most of us have heard of the legal “right to remain silent” that American citizens have. What does this mean, though? What are you truly risking by speaking without the presence of your legal counsel – and what is there to gain by remaining silent? Here, we examine exactly what having a right to remain silent means for you and the American legal system.
Not as Black and White in Living Color
One of the most deceptive things about television shows and movies that depict fictional accounts of criminal activity and legal intervention is that in nearly every case, those taken into legal custody are read their Miranda rights. While there are many situations in which this would happen, there are also many in which it would not.
put, law enforcement officials must only remind you of your right to remain silent if they are taking you into custody and performing an interrogation. They do not have to present you with a Miranda warning before interrogating you in other situations, and your statements may still be admissible in court if they are attained this way. That’s why it’s so important to understand when you can decide not to speak to police officers.
A key thing to remember when confronted by an office of the law or any person interrogating you for any reason: legally, you always have the rights outlined in the Miranda warning. You never must disclose information without legal counsel present unless you choose to. Use that right to your advantage and always demand to speak with an attorney before taking part in any sort of legal interrogation or investigation.
What Does Skipping a Miranda Warning Mean for Me?
In very few cases, the lack of a Miranda warning can be successfully argued by an experienced defense attorney to overturn criminal charges brought against a defendant based on evidence obtained by withholding that warning. Most of the time, though, this evidence simply becomes inadmissible at trial, leaving everything else obtained by law enforcement to be used against the defendant at trial.
Navigating when you can and cannot disclose information to law enforcement in specific legal situations can be hard; always air on the side of caution when faced with the decision of when to talk and wait for your attorney to be present before speaking up.
Looking for legal advice and guidance? Consult Chad Lewin, defense attorney of Los Angeles, California. With experience in the legal representation of a long list of offenses and charges, Chad Lewin is the defense attorney you or your loved one are looking for to help you move past your legal problems and embrace a better life on the other side.
Don’t wait. Don’t talk to anyone else beforehand. Contact your legal advisor today, and get the representation you need to get the best possible legal result. You have the right – now use it!