Melvin L. Hill Attorney at Law Will Fight for Your Rights
Melvin L. Hill Attorney at Law in Roanoke, VA is answering the question, “when do you need your rights read to you?” If you watch crime shows, chances are you’ve heard the Miranda Rights. This is because of a Supreme Court case Miranda v. Arizona. This reading ensures you know what you’re entitled to under the law before you enter a criminal proceeding. Here’s a look at when you need these rights read to you.
You Must Receive a Miranda Warning in Custodial Interrogations
You must receive a Miranda warning when you are in a custodial interrogation. This means that you must be in police custody and facing law enforcement questions for the warning to apply. If you are free to leave, and not under the control of the police, you may not need them read.
Upon arrest, law enforcement must inform you of your right to remain silent and your right to an attorney. It must happen before they question you about the alleged offense. This ensures that you have the opportunity to exercise your Fifth Amendment right against self-incrimination.
Informing You of the Right to Legal Counsel
The Miranda Warning also informs you of your right to an attorney. If you cannot afford one, a public defender will represent you for free. Having an attorney present during police interrogations is crucial to protecting your legal rights. An attorney like Melvin L. Hill makes sure the police don’t coerce you into making incriminating statements.
You Can Waive Your Rights
It’s essential to understand that you have the right to remain silent and to consult with an attorney before answering any questions. You can choose to waive your Miranda rights and speak to the police without an attorney present. However, it’s generally advisable to exercise these rights until you have had a chance to consult with a legal expert. Attorney Hill will advise of you what will happen next.
There Are Exceptions to Your Miranda Rights
While the Miranda Warning is a critical protection, there are some exceptions to when law enforcement doesn’t require using it. For instance, spontaneous statements from a suspect without any prompting from the police may be admissible without the Miranda Warning.
For more information about your rights and criminal defense, call Melvin L. Hill Attorney at Law at (540) 342-1851. Follow our blog for more quality information. We are happy to explain when do you need your rights read to you.