Understanding Your Miranda Rights in Orange County

If you’ve ever watched a crime show on TV, you’ve probably heard the words, “You’re under arrest. Anything you say can be used against you in a court of law…”and on and on. Those words are called Miranda warning. They are usually recited by the police during arrest to remind the person being arrested of their fourth and sixth amendment rights.

Miranda rights are important because:

• They protect you from incriminating yourself during police questioning
• They also remind you that being arrested doesn’t mean you don’t have rights

Let's break down each aspect of your Miranda rights and how to use them effectively.

Miranda rights come from a landmark U.S. Supreme Court case, Miranda v. Arizona (1966). This case decided that police must inform people in custody of their rights before questioning them. The standard Miranda warning includes:

• Right to Remain Silent: You don’t have to answer any questions, and anything you say can be used against you in court.
• Right to an Attorney: You have the right to talk to a lawyer and have them with you during questioning. If you can’t afford a lawyer, one will be provided for you.

Miranda rights are necessary in the following situations:

• Custodial interrogation: Police must read your Miranda rights when you’re in custody (not free to leave) and they want to question you. "Interrogation" means any questioning or actions by the police aimed at getting you to say something incriminating.
• Traffic stops and field sobriety tests: Usually, police don’t need to give Miranda warnings during routine traffic stops or field sobriety tests unless you’re taken into custody and interrogated.

If the police don’t give you a Miranda warning when they should, anything you say during the interrogation might not be allowed in court.

The right to remain silent is a vital protection. Here’s how to use it:

1. Clearly state your intention: Tell the officers, "I am exercising my right to remain silent."
2. Stay silent: Once you say this, do not answer any questions or make any statements. Be consistent to ensure your rights are protected.
3. Ask for an Attorney: Along with saying you want to remain silent, request an attorney. This reinforces your decision and ensures you have legal help.

Using your right to remain silent helps avoid self-incrimination.

It is your right to have a lawyer present when the police are questioning you. A lawyer will:

• Protect your legal rights
• Prevent you from accidentally incriminating yourself
• Give you important legal advice
• Help you understand the charges
• Plan a defense
• Challenge any violations of your rights during the arrest or questioning

To request an Attorney, clearly say, "I want to speak to an attorney," when you’re taken into custody or during questioning. Police must stop questioning you until your lawyer is there.

If you can’t afford a lawyer, a public defender will be appointed to represent you for free.

You can waive your Miranda rights, but it’s usually not a good idea without talking to a lawyer first:

You can only waive your rights voluntarily, knowingly, and intelligently. This means you must fully understand the rights you’re giving up and the consequences.

Waiving your rights means you agree to talk to the police without a lawyer present. Anything you say can be used in court. Without legal help, you might not understand the full implications of your statements.

There are some cases where Miranda rights might not apply:

• Public Safety Exception: If there’s an immediate threat to public safety, police can question you without giving a Miranda warning. Any statements made can still be used in court.
• Routine Booking Questions: Questions about your basic information, like name, address, and date of birth, don’t require a Miranda warning. These are considered routine and not meant to get you to say something incriminating.

Knowing these exceptions helps you understand when your rights might be at risk and why it’s important to consult with a lawyer.

That’s it! We hope you understand Miranda Rights better. They apply here in Orange County as much as anywhere else in the US.

If you are arrested, just remember Miranda rights apply to you. And as always, contact the Johnson Criminal Law Group if you find yourself in trouble.