Can Greensboro criminal defense attorneys explain the myths of the Miranda rights? Miranda rights, which began as a reminder of your rights while being arrested to avoid saying anything incriminating about yourself, the right to remain silent and the right to an attorney, has overtime led to more arrests due to misunderstandings of the rights. If you need help with understanding your rights or dealing with the aftermath of an arrest you should contact a Greensboro criminal defense lawyer. Below the Greensboro criminal defense attorneys at Garrett, Walker, Aycoth, & Olson have addressed a few of the most common “Miranda Myths“.
Myth #1: If they don’t read me my rights, they can’t use anything I say against me
First of all, the majority of interactions you will have with police will NOT need the Miranda rights to be read right away. The Miranda rights will only protect suspects in custody who face “custodial interrogation.” In order to be “in custody” your freedom of movement must have been taken away. To be “interrogated”, an officer will ask questions that are likely to cause you to make a statement that will incriminate yourself. And although the arresting officer would not be able to use certain things against you, there are plenty of other things they will use.
Myth #2: If they don’t read me my rights, my case will get dismissed
This is simply just not true. Though a Greensboro criminal defense attorney could get all statements made without the reading of the Miranda rights thrown out in court, the prosecutor can still proceed using any other incriminating evidence they have against you. Which if they formally arrested you without being read your Miranda rights it is very likely they already had other incriminating evidence against you.
Myth #3: My right to remain silent means they can’t use silence against me
Again, this is simply not true. You will always have the right to remain silent. But if your case goes to trial, the prosecution is allowed to use your decision to remain silent against you. By calling it a lack of cooperation it will help prove you are guilty.
So what does this mean? When interacting with law enforcement it is best to always remain polite and cooperative. There may be a question you do not feel comfortable asking. Do NOT stay silent, but politely tell them you have been advised not to answer any questions without your attorney present. This will not save you from being arrested but it will cease the officer’s ability to find more incriminating evidence to use against you.
For more help understanding your rights or dealing with the aftermath of an arrest or criminal charge, contact the experienced Greensboro criminal defense attorneys at Garrett, Walker, Aycoth & Olson today! We know the requirements of the law and care about each and every case presented to us. Call 336-379-0539 today; we are here to help!