
"You have the right to remain silent…"
Most of us have heard these words on TV or in movies, but few people truly understand their meaning in real life.
What Are Miranda Rights?
- Remain silent
- Have an attorney present during questioning
- Have an attorney appointed if you cannot afford one
When Do Police Have to Read You Your Rights?
- You are in custody (not free to leave)
- You are being interrogated (police are asking you questions intended to elicit an incriminating response)
If you’re simply being questioned casually or during a traffic stop, police do not have to read your rights. However, once you’re in custody and being interrogated, they must.
What Happens If Police Don’t Read You Your Rights?
- Any statements you made while in custody may be excluded from evidence in court
- This could significantly weaken the prosecution’s case against you
If your rights were violated during an interrogation, your attorney can file a motion to suppress any improperly obtained statements.
What Does “Remaining Silent” Actually Mean?
“I want to speak with an attorney.”
Once you do, police must stop questioning you. If they don’t—and you continue answering questions—those statements may still be challenged in court, but the waters get murky. It’s always best to be clear, calm, and firm.
What If You Agreed to Talk, Then Changed Your Mind?
Good news: you can invoke your rights at any time during the process. If you initially waive your Miranda rights but then decide you don’t want to talk anymore, you can stop the interview and request a lawyer.
Why Legal Representation Matters
- Challenge unlawful interrogations
- Suppress inadmissible evidence
- Build a strong defense strategy from day one
Don’t wait until you’re in over your head. The earlier you speak with an attorney, the more protected your rights will be.
Facing a Criminal Investigation or Arrest in Arizona?
Don’t guess. Don’t gamble. Let Wesbrooks Law help you navigate the criminal justice system with confidence and the legal protection you deserve.