Miranda Rights in Miami
Miranda Rights in Miami - Criminal Lawyer
About Miranda Rights in Miami
In 1966 in the United States of America took place an important legal case that marked American judicial history forever. The laws regarding the arrests of civilians in the streets changed, making it mandatory for police officers to obey the codes established by the Miranda case.
Miranda Rights History
The Miranda case arose in the 60s, specifically in 1963 when Ernesto Miranda was arrested in Arizona and accused of rape and kidnapping. He was not given the right to speak with an attorney or the right to remain silent when a defense attorney was not present. He also signed a document which he did not understand, in which he attested to agree with everything he was being accused of. Later when criminal defense attorneys started handling the case, it was clear that Mr. Miranda had been the victim of abuse of the law. He did not understand what he was signing and had not been allowed to speak with an attorney before signing the sentence. It was then that Mirandas lawyers sought to overturn the conviction because it had been an abuse committed by police officers. In 1966 the sentence applied to Miranda was made invalid and from that point on it was legally established throughout the United States that every citizen who is arrested within U.S territory has the right to use the Miranda case in his/her favor.
Miranda Rights Definition
The Miranda Warning is a document by which police officers are governed in the United States at the time of an individual's arrest for a criminal offense. This document informs the accused about his/her rights and obligations and must be read in a language which the person being arrested can fully understand.
What are the Miranda Rights?
After invalidating all charges made against Mr. Miranda, the United States Supreme Court stated that all individuals on American soil must be informed about the citizen's rights (which are written in the United States Constitution), before being arrested for any crime committed. These rights include:
- The Fifth Amendment, which provides protection against self-incrimination. Anything said can be used against the defendant, which gives him/her the right to remain silent during the arrest.
- The Sixth Amendment establishes a persons right to remain silent when an attorney is not present. Individuals have the right to be defended by a criminal lawyer, and if they do not have the means of paying an attorney's fees, the government has an obligation to provide a lawyer, free of any cost, who will defend the case.
- The individual must be read his/her rights before answering any legal questions and this must be done in a language that allows the person to understand perfectly what he/she is being accused of. The Miranda warning should be read at the time of the person's arrest.
Miranda Warning meaning
Miranda Rights have an important objective for those individuals who are under police custody. These are some of the advantages that Miranda Rights provide to all individuals:
- Any person arrested on criminal charges has the right to not answer any of the legal questions that the arresting officer makes. The police can sometimes coerce arrestees to say things that they are not certain they have done. However, the Miranda warning offer individuals the option of not answering any of the questions asked under coercion.
- Individuals can only be interrogated in front of a lawyer, chosen freely by them or by the government. At Gallardo we have some of the best criminal defense lawyers in Miami who can ensure the defendant's security.
- If the suspect does decide to answer the officers questions without having a defense lawyer present, they have the option of ending the interrogation at any point they wish.
- The Miranda case also offers the advantage that the individual has the right to request the police officer to read the Miranda Warning, if the officer has not done so.
Criminal Defense Attorneys and Miranda Rights in Miami
Many individuals in Miami are accused of committing a criminal offense; it is important for anyone in this situation to keep in mind that despite having actually committed the crime or not, each person is entitled to legal rights. Sometimes police officers forget these rights and abuse their power. It is essential to know the benefits offered by the Miranda Warning law, such as the right to have a criminal lawyer represent your case before the judge, since they have the professional knowledge necessary to solve the case.
At Gallardo Law Firm we have a criminal lawyers, who are aware of their client's rights and are willing to defend your case at any time you need them because they fully understand the importance of enforcing the law. Many people do not have the correct knowledge of which rights they possess or not within Florida criminal law.
There is no reason for you to face a criminal charge alone when you can have legal representation. Use the rights provided by the Miranda case to your advantage and contact our offices to get a consultation from our criminal defense lawyers. Our lawyers will assist you throughout the process and get the best possible results for your case.