Exercising Your Right to Remain Silent in a Utah Criminal Case

 Posted on September 23,2024 in Criminal Defense

While the majority of Americans never went to law school, a lot of us know about our "Miranda rights" because they are mentioned on TV practically every time someone gets arrested. If you have never been hauled into a police station under investigation, you may not understand why having the right to remain silent is useful in that situation. When the police consider you a suspect, it can be stressful and overwhelming, and you might think it would be in your best interest to act overly cooperative and answer any questions you are asked. However, the Miranda rights are there for a reason, and it is important to understand how and why you should protect yourself when you are questioned. If you are facing legal trouble, contact an experienced Salt Lake City, UT criminal defense attorney for guidance.

Miranda Rights Examined

Stemming from a watershed U.S. Supreme Court case that established several rights that people are entitled to when they are arrested and interrogated, the Miranda warning is generally stated out loud during an arrest no matter where in the United States the arrest takes place. The specific wording varies from one jurisdiction to the next, but the main points include informing you that:

• You have the right to remain silent: This means that you do not need to say anything if what you say could incriminate you. You are legally authorized not to answer a question when you are being interrogated.

• Anything you say can and will be used against you in court. You need to be mindful that this is not a casual conversation. Things you say in the police station can be used, even out of context, in later court proceedings.

• You have the right to an attorney and one can be appointed for you if you cannot afford to hire your own. This is another way to ensure that someone’s lack of legal knowledge will not be exploited to get a conviction.

It can be difficult to stand up to the pressure in a police station and insist on not answering a question and waiting for a lawyer to be there with you before you speak. The good news is that if you were not read your rights when police questioned you, anything you said might be inadmissible as evidence against you. A knowledgeable lawyer can discuss everything that happened when you were questioned to see whether any violation of your rights might be able to help your case.

Schedule a Free Consultation with a Davis County, IL Criminal Defense Lawyer

It is never easy standing your ground when police are trying to get information out of you, but a trustworthy Salt Lake City, UT criminal defense attorney can make sure you understand what you are and are not obligated to do or say when being questioned. At Collins Rupp, P.C., we are passionate about protecting our clients’ rights. Call us at 385-777-2753 to schedule a free consultation.