Decoding Your Miranda Rights With a Toledo Lawyer
If you’ve ever watched a television crime drama, you’ve undoubtedly heard a cop recite the so-called Miranda rights to a suspect. If you are ever arrested in Toledo, Ohio, the arresting officer should remind you of your rights as outlined by the Miranda act, too.
You have the right to remain silent.
Your right to stay silent is guaranteed by the Fifth Amendment to the U.S. Constitution. This means that no police officer may force you to answer questions, especially when answering those questions could possibly incriminate you.
Please understand that your Miranda rights to do mean that you don’t have to say anything to a police officer. A police officer has the right to ask you your name, address and date of birth. You, as a suspect, could be legally required to answer those basic questions.
Anything you say can be used against you in a court of law.
Everything you say to the police during and after arrest is recorded in an official police report. This information can be used as evidence against you by a prosecuting attorney.
You have the right to consult with a Toledo lawyer before being questioned and to have a lawyer present during questioning.
This is one of the most important parts of the Miranda warning. Your right to an attorney is guaranteed by the Sixth Amendment to the U.S. Constitution. If you are arrested, your best bet is to contact a defense attorney as soon as you can make a phone call.
If you desire representation by an attorney and cannot afford one, an attorney may be appointed to represent you.
Every county in Ohio maintains a list of public defenders whose job it is to protect and defend the rights of people who are arrested. Toledo OH is home to many public and pro bono attorneys who can help you in the event that you are taken into custody and find yourself unable to afford lawyer fees.
Miranda rights were enacted in the United States after a Supreme Court decision in 1966. The name “Miranda” comes from the defendant in the case, Miranda v. Arizona.
The simple act of refusing to give more than your name, address and date of birth is not enough cause for the police to arrest you. They may, however, have other reasons, or “probable cause” to put you under arrest and take you into custody.
What happens if you are not advised of your Miranda protection?
The answer to this question varies. It is rare that a criminal case would be dismissed just because the arresting officer neglected to advise a suspect of their right to remain silent or to have a lawyer present during questioning.
It is a good idea for every adult in Toledo OH to know the name and phone number of a competent attorney, just in case they ever need one. If you ever find yourself under arrest, use your one allowed phone call to contact your attorney without delay.
Contact Michael E. Bryant’s Toledo, OH law office today to get the justice you deserve. Find Michael E. Bryant online at www.mebryantlaw.com, visit our law office in Toledo, OH on the second floor of 1119 Adams St. or call us at (419) 243-3922.