“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 an attorney. If you cannot afford an
attorney, one will be provided for you. Do you understand the rights I have
just read to you? With these rights in mind, do you wish to speak to me?”
As all of us see
on television shows or movies, whenever officers arrest someone, they
immediately recite the suspect's Miranda rights. Unlike what many believe,
David Serna reminds us that if a police offer does not read your rights and
obtained evidence from you may be inadmissible as evidence in court.
What are Miranda
rights?
More accurately
known as Miranda warning, Miranda rights were made as a part of the common
vernacular after the U.S. Supreme Court of Miranda vs. Arizona. In this case,
the Supreme Court decided that all suspects must be immediately advised of
their rights. David Serna believes that this is crucial for suspected
individuals since every action or word they say may significantly affect their
legal proceedings. David Serna also reminds individuals that the location of
interrogation does not matter. Whether it occurred in jail, the streets, at the
scene of the crime, or even in a car, the police must read the Miranda rights to
the person if they want to use the person's responses as evidence. However, if
the person is not in police custody as he or she makes admissions, then the
information can be used against the person later on legal proceedings.
It is vital to
note that officers recite the individual's Miranda rights if there is an
intention to interrogate the suspected individual under custody. However, the
police can still arrest the suspect without the Miranda warning. David Serna
believes that whatever may happen, suspected individuals must invoke their
Miranda rights. Before or during the interrogation, tell the police that you
would want to stay silent until your attorney arrives. If you need any legal
assistance, David Serna is available
for consultations during COVID. Either by email, telephone, video conferencing,
and in-person visits under strict disinfecting protocol and masks requirements.
