The Right to Remain Silent in Criminal Cases

What is Miranda ( The Right To Remain Silent ) and how can it help me?

Miranda, or ones right to remain silent, states that the prosecution through the Police may not use statements made by individuals when they are said to be in custodial custody without first being  read their miranda right to remain silent.  Miranda is a precautionary rule that serves to protect the Fifth Amendment rights ( Right not to self incriminate  and be represented by an attorney) of suspects within criminal cases.  However, Miranda is only applicable when the suspect is in custodial custody and applies to interrogations of the suspect  Custody, as defined by the law, is when a suspect is questioned by law enforcement agents and deprived of his or her rights to the freedom of action in a significant way.  Interrogation can be defined by either express questioning by law enforcement agents or its functional equivalent that the officers should know would reasonably elicit incriminating responses from the suspect.  If there is custody and interrogation, Miranda

Your right to Remain Silent

must as a matter of law be recited to the suspects.

Miranda protects your right to remain silent and the right to counsel.  Both of these constitutional rights however may be waived through an effective Miranda waiver.  An effective Miranda waiver is a relatively tough burden for the government to prove.  Furthermore, the burden is a preponderance of the evidence and can be analyzed through the totality of circumstances surrounding the custodial interrogation by Police.  The waiver must be an intelligent, knowing, and voluntary relinquishment of the Fifth Amendment constitutional rights.  If the government can successfully prove that the suspect satisfied the standard for fulfilling an effective Miranda waiver, a signed form acknowledged by the suspect will be taken.

Subsequent to a suspect invoking his or her right to remain silent and right to counsel, law enforcement may reinitiate the interrogation under limited circumstances.  If the suspect has invoked his or her right to remain silent, the officers may only re-initiate interrogation if the officers have scrupulously honored the suspect’s invocation of the right to remain silent.  The officers have most likely established that they have scrupulously honored the suspect’s right to remain silent if they have provided a reasonable cooling off period.  However, if the suspect has invoked his right to counsel, the officers may only reinitiate the interrogation if counsel is present, fourteen days have passed, or the suspect has decided to come forth on his or her own free will with the presence of an attorney.

Overall, Miranda is a safeguard that seeks to protect suspects during custodial interrogations from the inherently coercive nature that can be utilized by the Police.  Suspects must be given the opportunity to be read their constitutional rights through Miranda and should be cognizant about utilizing such rights. The moral of the story is this…You have the right to remain silent so use it

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The Right to Remain Silent in Criminal Cases

http://www.kanialaw.com/criminal-defense-lawyers-tulsa-oklahoma/the-right-to-remain-silent-in-criminal-law-cases.htm