Miranda rights are part of due process as outlined by the the Fifth Amendment. In 1966 the Supreme Court ruled in Miranda vs. Arizona that due process includes the detained person being informed of his rights prior to questioning. Additionally, the detained person is to be informed of the potential for self-incrimination, should advantage not be taken of said rights. Saparilas Law urges citizens to be aware of the rights that serve to protect them under the constitution. When facing charges, it is the burden of the court to prove, beyond a reasonable doubt, that the defendant is guilty of the charges brought upon him. The statement included in Miranda Rights, “You have the right to remain silent. Anything you say can and will be used against you in the court of law,” is absolute. Statements made up to, during, and after an arrest are used in the court’s argument against defendants.
While most citizens are aware of this, it is often the case that individuals become flustered when presented with the possibility of charges. Beginning with one’s first interaction with an officer, cooperation in silence is the best course of action. Silence serves to protect the individual during what is likely a stressful situation. Before sharing any information with an officer, it is your right to have a lawyer present to help you best navigate the situation at hand. While law enforcement officers work fervently to keep our communities safe, Saparilas Law works to ensure that innocent citizens are not accused or incriminated unjustly during law enforcement’s process to get to the core of crime issues.
If you are in need of a Raleigh Criminal Defense Lawyer to protect your rights and provide a zealous defense, please contact our office by calling (919) 832-2280.