Being arrested may be a frightening and anxiety-provoking experience. Depending on the circumstances, a person is likely to have many questions: how to behave, what might happen next, or whether to say anything. There is a “right to remain silent,” but can silence be used against the arrestee later?
If you are arrested, speak to an experienced Pennsylvania criminal defense lawyer as soon as possible.
In 1966 the U.S. Supreme Court decided Miranda v. Arizona. This landmark case requires law enforcement to inform detained suspects of their constitutional rights. The Miranda warning consists of notice to the suspect of:
Law enforcement must issue the Miranda warning when a person is in police custody. While “custody” usually means the suspect has been placed under arrest, that is not always the case. Furthermore, determining whether someone is in custody and the timing of the Miranda Warning can have important and even outcome-changing consequences for any future criminal proceedings.
The Miranda warning exists because of three constitutional rights:
Someone who has been arrested may have the impulse to explain themselves, or their perspective of the events, to law enforcement. Never do so, because such statements are likely to be used against them. The far better option is to wait and tell their side of the story to their defense lawyer. The lawyer will then advocate for them in the courtroom, where the defendant’s story will matter most.
A person who has been arrested maintains their Constitutional rights, and Miranda is an important case because law enforcement is required to communicate that.
It is common for someone who has just been arrested to feel scared and distressed. However, their actions before, during, and after the arrest may all be potentially critical to their case. If you find yourself in any of the following situations, contact the Skinner Law Firm right away:
The Skinner Law Firm has experience defending the Constitutional rights of our clients. You have the right to remain silent, and your future may depend on whether you exercise that right. If law enforcement wants to talk to you, talk to us first. Call us at (610) 436-1410 or online and schedule a free consultation and review of your case.
By Michael Skinner |
15 Nov, 2020