In 1966, the United States Supreme Court ruled in Miranda v. Arizona that suspects in police custody had the right to be informed of their 5th Amendment and 6th Amendment rights. Those rights are the right to remain silent and the right to an attorney. In order for Miranda Rights to be required, suspects need to be both in custody and in the process of being interrogated.
Every jurisdiction has their own requirements as to the actual language or verbiage of the Miranda Rights, but all officers must include the following rights:
You have the right to remain silent
Anything you say can be used in court against you
You have the right to an attorney
If you cannot afford an attorney, the court will be provide one for you
In addition to those rights, police officers must ensure that suspects in custody understand those rights. For foreign suspects, an interpreter must be brought in to translate those rights before an interrogation can begin.
Example of Miranda Rights:
“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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand these rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The Miranda rule is not absolute. While police officers must read you rights, if there is a question or concern about public safety, then those rights can be postponed or delayed. Arresting officers may ask you questions about a gun, bombs, or other safety threats without first reading your rights.
There are times, however, when arresting officers abuse their power and interrogate suspects without reading them their rights. They may use threats or even physical restraints while asking questions. This can be considered a violation of your rights and an experienced Denver criminal defense attorney may be needed to build your case.
When your rights have been violated, it is difficult to know where to turn. Denver criminal defense attorney Steven Louth has successfully represented accused individuals in Denver and throughout Colorado. He understands that your future and your freedom are at stake, and as such; he is always ready to fight the tough fight.
If you have been arrested and charged with a crime in Denver, Boulder, or anywhere in Colorado, call Steven Louth Law Offices at 303-442-2297 today for a free case evaluation. No matter how serious the charges are against you, there are ways to fight them. Call today!