How to Properly Take Advantage of Miranda Rights After an ArrestDecember 6, 2012
Before June 2010, most people believed that simply remaining silent after a criminal arrest invoked the Miranda right to remain silent. But a June 2010 split decision by the U.S. Supreme Court dramatically changed that right. Even innocent individuals can face criminal arrest just because they look like a suspect or are in the wrong place at the wrong time. Every individual needs to understand how to continue to protect his or her rights against self-incrimination.
Since the inception of the Miranda rights, individuals arrested and taken into custody always had to ask for their right to call an attorney or have an attorney assigned if they could not afford legal fees. But according to The Huffington Post, individuals arrested and taken into custody now have to also explicitly state that they want all questioning to stop and that they want to invoke their right to remain silent.
Falsely accused individuals potentially face a greater danger than those who are guilty of committing a crime. Believing their innocence alone will set them free they may willingly decide to answer questions without the benefit of an attorney. Anyone placed under arrest needs to understand that police believe in their guilt and conduct questioning designed to illicit a confession. If police place you under arrest and take you into custody, always explicitly invoke your right to remain silent. Then call an experienced criminal defense attorney to remain at your side to protect you during processing. The Baltimore personal injury lawyers at LeViness, Tolzman & Hamilton, P.A. are here to assist you with your defense.