Anyone who’s ever seen a crime show or courtroom drama is probably familiar with the phrase “You have the right to remain silent.” After an arrest occurs, it’s the first thing the fictional cop will tell the individual. But what you may not be familiar with is the other rights you have after an arrest. And surprisingly, real law enforcement officers aren’t always compliant with each one. That’s why it’s especially important that you do know all your rights after you’re arrested and have an experienced criminal defense attorney protecting them for you.
Miranda v. Arizona
In 1966’s Miranda v. Arizona, the U.S. Supreme Court ruled that individuals under arrest for suspicion of committing a crime have certain rights that must be explained to them before any questioning can occur. These “Miranda Rights” are designed to protect your Fifth Amendment Right to be free from self-incrimination and are as follows:
- You have the right to remain silent & refuse to answer questions
- Anything you say can be used against you in court
- You have the right to consult an attorney before speaking to the police & have an attorney present during questioning
- If you cannot afford an attorney, one will be appointed to you
- If you decide to answer questions without an attorney present, you still have the right to stop answering questions at any time
You Have the Right to Remain Silent
Silence cannot be used against you in court. In fact, the smartest thing you can do after an arrest is to not answer any questions until you have an attorney present. Nothing you say during this time is going to get you out of those handcuffs, but it can be used against you in court. The Fifth Amendment protects individuals from being compelled to give a testimony themselves and applies immediately after the arrest, as well as during court when prosecution calls a defendant to the stand.
But remaining silent still requires you to clearly and explicitly tell the arresting officer that you are utilizing the Fifth Amendment right and do not want to speak to the officer without your attorney present.
You Have the Right to a Lawyer
Thanks to the Sixth Amendment, any individual under criminal prosecution that may impede on their life or liberty is required to be granted the assistance of legal counsel through all phases of the criminal process – including interrogation, trial, sentencing, and initial appeal of any conviction.
Having an attorney present to defend your rights and protect you throughout the process is critical. They’re able to provide services for vital aspects that can dictate the outcome of the case. These include:
- Ensuring your rights are upheld and all law enforcement is in compliance during the initial investigation and court proceedings
- Advising and explaining proceedings
- Negotiating a plea deal
- Providing an aggressive defense through cross-examination of government witnesses, presenting all applicable defenses, and objecting to inappropriate questions or evidence.
If You Cannot Afford A Lawyer, One Will Be Appointed
If a defendant wishes to have a government-provided attorney, they must make the request at their arraignment (or first hearing after the arrest). According to the second half of the Sixth Amendment, any defendant that meets low-income criteria set forth by the state of Pennsylvania, or the state in which the proceedings are occurring, will receive a full-time public defender, or in certain cases, a private criminal defense lawyer.
Due to the number of defendants who require these services, many court-appointment lawyers are limited in their time and resources they can devote to each case. In many circumstances, you may have different lawyers at different aspects of the trial with varying levels of experience depending on the difficulty of that phase.
If You Agree to An Interview, You Are Free To Stop It At Anytime
Even if you’re initially willing to answer an officer’s questions during interrogation without an attorney present, you can still invoke your Miranda Rights at any time after. That means having the ability to refuse to answer any more questions without one. But you must know that any questions you have answered from the time the Miranda Rights were read until you request a lawyer, can be used as evidence against you in court.
If you or someone you know is arrested for a crime, call us before you do anything else. The best way to protect your rights and minimize anything that could be held against you in court is by having an experienced defense attorney helping advise and protect you throughout the process. Contact our criminal lawyers in Philadelphia today for a consultation.