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Criminal Defense Blog


Miranda rights are in place when drug charges are made

We have all seen on television when the police put handcuffs on suspects of crimes and read them their Miranda rights. It is so familiar to us that we can actually quote it along with them. The television does not tell the whole story though.

In 1966 the U.S. Supreme Court took on the historic case of Miranda v. Arizona. This case was brought about because the person arrested and had made statements to the authorities that were later used in court when he wasn’t properly represented. He did not realize that these statements could be incriminating.

The law is now nationwide. Whenever a suspect is taken into custody, he or she must be told one’s Fifth Amendment rights not to make any incriminating statements. There are four areas of particular interest here: You can remain silent if you choose to. Anything you say can be used against you in court when your trial is heard. You have a right to request that an attorney be present when you are being questioned and in the case of not being able to afford an attorney, the court will appoint one to your particular case.

What isn’t said on the television is that once you tell them you aren’t going to answer their questions, the interview is over. Also, if you decide to have an attorney the interview is over at that point as well until your attorney is present.

When you face drug charges, you need to know that it is best to remain silent after telling the police that you are not answering any of their questions. It is also a very good idea to call an attorney who can ensure that your rights are not violated.

Source: FindLaw, ““Miranda” Rights and the Fifth Amendment,” accessed June 26, 2015

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