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Knowing Your Rights During an Arrest

In February of 1965, the Supreme Court began hearing arguments on a case which had arisen out of Maricopa County, AZ and slowly made its way to Washington D.C. The case, Miranda v. Arizona, would lead to a significant reform in police interrogation tactics and was an important affirmation of the 5th Amendment. Its decision resulted in what are now known as Miranda Rights, a required reading by the police before any interrogation may take place.

Under the 5th Amendment, U.S. citizens have the right to remain silent. Should they choose to answer questions, they still have the right to stop whenever they want. Citizens are also entitled to legal counsel during all interrogations and in the event that counsel is unaffordable, the state will provide legal counsel by a public defender. As a part of the Miranda Rights, police are required to inform the citizen under arrest that anything they say may be used against them in court under lawful circumstance.

While these rights cannot keep one from being arrested, failure to read these rights to an arrestee would cause any evidence gained in the interrogation to be impermissible in court. The Miranda Rights have been put in place for the benefit both of citizens and police officials, seeking to increase the efficiency of the justice system while maintaining its integrity to the people.

The constitution was written to give you the rights to seek happy and fair life. At the Law Offices of Joshua S. Davidson, we are committed to getting you the legal counsel you deserve and to protecting your constitutional rights as a resident of this country and this state. If you have been arrested, one of our experienced Phoenix criminal defense attorneys may be able to help you. Call our office today to discuss your case.