If you have been arrested or accused of a crime, knowing your Miranda rights and the protection offered by the Fifth Amendment is crucial. These rights are designed to protect United States citizens from incriminating themselves or being coerced into false confessions by law enforcement officials. Being informed of your rights is a critical step in the case against you. If you have not been informed of your rights, it will be much more difficult for court officials to prosecute you.
The Fifth Amendment of the U. S. Constitution provides you the right not to say anything that would incriminate you if you are accused of a crime. In 1966, the Miranda rights came into law as the result of a court case which concluded that if anyone is arrested or taken into police custody, they need to be informed of their Fifth Amendment rights.
If you are not informed of your Miranda rights during your arrest, it is a breach of law enforcement protocol and can hurt the government’s case again you. There are four facets to your Miranda rights: you are not required to say anything, nothing that is said may be used against you if you do choose to speak, you have the right to obtain an attorney, and the court can appoint an attorney for you if you cannot afford to hire one.
If the police do not read your Miranda rights to you, any confession that you may give cannot be used as evidence in court. It will be considered an involuntary confession and any evidence found as the result of the confession may not be valid, further harming the court’s ability to convict or charge you.
As an example, if you are arrested for selling drugs but are not read your Miranda rights, even if you admit it to the police and show them where the drugs are hidden, the court cannot use this evidence – simply because you were not informed of your rights.
