No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
If you have been arrested then you know what a whirlwind of confusion it can be. Sometimes you can forget all of the intricacies and questions you are subjected to during that time and you need help, serious help. You need an excellent defense lawyer.
A top-notch, experienced, and professional Minnesota lawyer will go through all of the documentation, interviews, and other aspects of discovery to determine whether your constitutional rights were upheld or violated as part of your defense.
A major part of your arrest is the recitation of your Miranda Rights. This can sometimes be overlooked in the heat of the moment or due to human miscommunication. Many cases have been thrown straight out of court for such an overlook. So, what are Miranda Rights?
Your Miranda Rights
Miranda Rights are an oral recitation of our constitutional rights when it comes to an arrest. They need to be said out loud with verification that you understand each one.
- You have the right to remain silent. It’s very important and essential for your defense to not say anything to anyone at all until you contact a lawyer. The fifth amendment to the constitution outlines this right. It is illegal to be arrested for refusing to answer their questions. Just know that in not answering questions, the police will naturally be suspicious. Don’t let that sway you.
- Anything you say can and will be used against you in a court of law. This is why you remain silent. Nothing that you say before you acknowledge an understanding of these rights is admissible in court. This is a warning. Whatever you say after that can be used against you in court and negatively affect the case.
- You have the right to an attorney. Give them your name and address and ask to use the phone to call a lawyer. That’s it. You have the right to have your lawyer present at every questioning you attend. You are also allowed to ask questions on your arrest but only do so with your lawyer present and informed.
- If you cannot afford an attorney, one will be appointed for you. The right to a lawyer is so important that the court will assign a public defender for you if you cannot afford a private attorney. Public defenders are excellent lawyers but they can be overworked and may not have access to sources that a seasoned private lawyer may have. Statistically, your best bet is a private lawyer.
What Happens When Miranda Rights Aren’t Given During An Arrest?
If your Miranda Rights are not recited to you before your official arrest and questioning, then the entire thing is considered an improper procedure. This is due to human error, which is natural and occurs all the time. The procedure must be completed completely and accurately.
In Minnesota, oral Miranda Warnings are not enough. The rights and any further discussion must be recorded to be allowed in court. If a recording is impossible, then a witness and written documentation may be included in discovery.
The fifth amendment outlines an accused person’s right against self-incrimination among other essential rights when it comes to personal defense. Any evidence found from the discussion before the reading of rights can be thrown out of court. A private lawyer will have the time to research these issues within your case.
What Can Anderson Law Firm Do For Me?
Kirk Anderson is the best lawyer at the best firm to represent you during a time like this. He practices criminal law exclusively and has a unique talent in research and analysis when it comes to the details of your case. Mr. Anderson has vast experience in both state and federal courts.
Kirk is an aggressive negotiator who excels in his abilities to both communicate and listen to the small details. His firm is available twenty-four hours a day for your convenience and any emergencies. He cares and is dedicated you ensuring that your rights are always upheld.
Use your rights and contact us at Anderson Law Firm, PLLC for the best and most comprehensive defense available. We’re here to protect you.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.