QUEENS DRUNK DRIVING DEFENSE LAW FIRM

Miranda Rights

Our system of justice is designed to protect innocent people from being wrongly charged or convicted with a crime. In order to do this, people charged with crimes are granted important rights in the process. Anyone who has watched a movie or t.v. show about police has heard the Miranda Rights—“You have the right to remain silent. Everything you say can and will be used against you…” The Miranda Rights were designed to protect defendants during the initial process of arrest when they are likely not with their attorney and the police could easily take advantage of the situation. The Miranda rights protect the Fifth Amendment right against self-incrimination which insures that a person under arrest does not have to answer questions from police and does not have to explain himself. He can wait until he talks to an attorney, and may choose to never answer questions if the answers will incriminate himself.

Being Questioned By The Police
It is important to note the police can get around the right to be silent by telling a person he is not under arrest. If a person is not under arrest, the police are not required to read the Miranda rights. The police can simply ask a person for information. Without hearing those rights, someone might start answering the questions from the police and might even provide some self-incriminating evidence. Once the police have the information they need, THEN they may put the person under arrest. Every person has the right to be accompanied by an attorney before answering questions from the police. If a person is brought in for questioning, and has not been charged, it is still wise for that person to be accompanied by an attorney who will know how to protect his client from saying anything that be used later against him in court.

Defense Rights

Every person charged with an offense has the right to be represented by an attorney. If a defendant cannot afford an attorney, the state will provide one. A defendant must prove he cannot afford to hire an attorney on his own. The right to be represented by an attorney is the most important right because the attorney is required to be an advocate for the defendant. The criminal defense attorney has a duty to make sure the person charged is treated fairly and is properly defended.

Ask For A Lawyer At Every Opportunity

Because the police have a very simple agenda-arresting people for crimes. Ask for an attorney at the very hint that you are being suspect of having committed a crime. No matter how nice or cooperative the police officer or agent may be at the time of the interaction, he is not your friend and anything you say to him can come back to haunt you at trial or be manipulated by the police officer into a statement that makes you look guilty, even if you are not.