You might have heard of Miranda rights from watching TV shows and movies in which police officers read them any time they arrest someone. But how accurate is this portrayal of Miranda rights? If you’re curious about how Miranda rights really work and when the police must read them, our Wichita DUI attorney explains below. This information about Miranda rights is especially good to keep in mind after being arrested for DUI or any other type of criminal offense in Wichita, KS.
What Are Miranda Rights?
Simply put, Miranda rights inform anyone being arrested that they have a right to stay silent and that anything they say can be used against them in court. This is for their protection so they do not incriminate themselves or say something that may jeopardize their defense after they are arrested. After all, the police often ask lots of questions once they arrest someone. While they want answers, it’s also their responsibility to make sure people know they do not have to answer every question, or even any of them, until their lawyer arrives to advise them. In addition, the Miranda rights exist to ensure people know they are entitled to have the help of a defense attorney, even if they cannot afford to hire one, and that the attorney can be present during questioning by police.
When Do the Police Have to Read Miranda Rights?
Movies and TV shows have led many people to think Miranda rights have to be read by the police after every arrest. But in reality, they only need to be read to you if the police are going to ask you questions after the arrest. If you do not hear your Miranda rights, but the police do not ask you questions once you have been arrested, then they haven’t necessarily violated your Miranda rights. However, if the police arrest you, do not read your Miranda rights and then proceed to ask you questions regarding the crime, they have not followed the process correctly. In this case, your defense attorney should look into the issue, since it could significantly benefit your case.
What Should You Do During an Arrest?
You should always keep in mind that you have the right to remain silent during the arrest due to DUI or any other criminal charge in Wichita, KS. You deserve to have your Wichita DUI attorney present before you answer any questions. This is your right, so don’t let the police take it away. If you feel the need to say something to the police as they attempt to interrogate you, just say you would like to talk to your lawyer before answering any questions. This should be the case whether or not you were read your Miranda rights during the arrest.
At that point, your best bet is to contact a Wichita DUI attorney who has experience handling cases like yours. The right lawyer for your case will look closely at all the details of your arrest in Wichita, KS, and determine if the police did not follow the proper procedure, which may help you to avoid legal consequences. So if you are facing DUI charges or any other charges for which you need criminal defense in Wichita, KS, contact Jonathan W. McConnell right away for legal help.