The case Miranda v. Arizona established the doctrine of the “Miranda Rights.” In 1963, Ernesto Miranda, an Arizona man, was arrested on charges of kidnapping and raping an 18-year-old woman. While he was being questioned, Miranda confessed to the crime and this evidence was later used to convict him. After several appeals, the case was brought before the U.S. Supreme Court. The court ruled that the police failed to inform Miranda of his right to remain silent and the right to an attorney, so the confession that was obtained during questioning was inadmissible as evidence since it violated Miranda’s Constitutional rights.

The Miranda Rights are a reflection of two rights guaranteed to all citizens by the U.S. Constitution: the right to avoid self-incrimination and the right to legal representation. The right to self-incrimination, commonly known as the right to remain silent, is guaranteed by the Fifth Amendment of the Constitution. This right is also the origin of the phrase “plead the fifth.” The right to legal representation prevents people from being taken advantage of by police and prosecutors. If you are arrested, you have the right to have an attorney present before answering any questions. These two rights were established long before the Miranda case; however, the details of the case resulted in the ruling that defendants must be informed of their rights before being questioned. Police are required to “read someone their rights” before questioning them, otherwise the information gained from the interrogation is inadmissible in court.

The actual Miranda warning contains the following information: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

This passage is heard on television, in movies, in books, and is often taken for granted, however, these Miranda Rights are vital to anyone who has ever been or ever will be accused of a crime. If you have been accused of a crime, understand that you have the right to remain silent. Although you may be tempted to defend yourself against police accusations, it is in your best interest to follow the officer’s orders and remain silent. Cooperating with police officers’ warnings and commands does not imply that you are guilty. There will be plenty of time to defend your case once you have spoken with an attorney. Allow a seasoned criminal defense attorney to fight your battles for you so that you do not make the mistake of incriminating yourself or providing authorities with verbal evidence to use against you.