Miranda Rights are some of the most crucial legal protections we have as American citizens. While their name and basic information seem to be well-known, (thanks to police and detective films), the purpose and intended use of these rights are still widely unknown to the average citizen – primarily those who have never been detained by law enforcement. At the Gross Law Group, we believe it’s crucial for all North Carolinians to know and exercise the laws that protect them during an arrest. Throughout this article, we’ll review the origin of Miranda Rights, their crucial purpose, and how they function in North Carolina law.
What are Miranda Rights and where do they come from?
Miranda rights are a set of constitutional rights that are granted to individuals in police custody. In 1966, the U.S. Supreme Court case of Miranda v. Arizona established these rights and made the recitation of these rights a legal requirement. The defendant, Ernesto Miranda, was charged with rape, kidnapping, and robbery, and supposedly confessed to these charges during a police interrogation. Miranda did not have an attorney present during questioning, and his confession was used as the sole piece of evidence in court. He was sentenced to 20 – 30 years in prison, however, he successfully appealed his case. Following Miranda v. Arizona, the U.S. Supreme Court decreed that police had the responsibility to inform all individuals in custody of their 5th and 6th Amendment rights:
- The right to remain silent during police questioning without your silence negatively affecting the outcome of your case.
- The right to an attorney during a criminal prosecution.
What Happens if You Are Not Read Your Rights in North Carolina?
Miranda Rights are your constitutional rights as an American, and they exist at all times during your interaction with the police, regardless if you were informed of them by the officer. When an individual is taken into custody in North Carolina, law enforcement is legally required to recite their Miranda Rights before questioning. To debunk the myth, an individual can not “go free” if they were not properly Mirandized. However, if the police interrogate you over a criminal charge without informing you of these rights, your answers are not admissible in court. Inform your attorney and they can ask the judge to exclude any answers you provided during the interrogation. If the motion is approved, your statements, regardless of their content or damage, will not be presented as evidence to the jury.
Understanding Miranda Rights is necessary for any citizen, and at Gross Law Group, we believe one of your most crucial rights is to be informed about North Carolina law. If you’ve been taken into custody, remain silent and only speak to police if an attorney is present. Exercising these constitutional rights can only benefit the outcome of your case, especially when you have an experienced criminal defense attorney in your corner.
HAVE QUESTIONS ABOUT YOUR RIGHTS? CALL THE GROSS LAW GROUP TODAY
If you’ve been charged with a felony or misdemeanor in North Carolina, call a criminal defense lawyer who can ensure your rights are protected. Miranda Rights are constitutional protections, and if yours were infringed upon, call the Gross Law Group led by Attorney David K. Gross for expert criminal defense. Protect your future with personalized attention and aggressive representation. Trust a former police officer and experienced legal advocate to defend your rights. Contact us now. 910.666.0693