A law enforcement officer may have initially pulled you over a broken taillight, reckless speeding, or another traffic violation. But what was supposed to be a routine traffic stop may turn into you getting arrested and being put in the back of an officer’s vehicle. This may be because the officer has suspicions that you are under the influence of alcohol, has probable cause that you possess illegal drugs, or otherwise. You may be overwhelmed by this sudden change in events all while wondering where your Miranda Rights play into this. Well, follow along to find out when an officer is supposed to say your Miranda Rights and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC can help you better understand your rights.
What are my Miranda Rights?
Essentially, your Miranda Rights protect your Fifth and Sixth Amendment rights if you should ever be arrested. More specifically, a law enforcement officer who places you into their custody must read aloud the following script to you:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Of note, once you express your understanding of these rights, and subsequently express your wish to exercise your right to not speak with an officer, they must stop questioning you.
When should an officer say my Miranda Rights?
Understandably, you may have confusion as to when a law enforcement officer must read you your Miranda Rights. Well, you should know that they are only required to do so when they first place you in their custody and subsequently interrogate you about your alleged criminal offense. This means they do not need to read aloud this script before asking you routine questions during your traffic stop, such as, “What is your name, age, and address?” Or, “Do you know why I pulled you over?”
However, you should still have an understanding that your constitutional rights are still in effect during your traffic stop. That is, you are allowed to answer the officer with, “My lawyer advised me not to answer when questioned by an officer.” Or simply, “I choose to exercise my right to remain silent.” This is all to say that it may only be considered an illegal traffic stop, and therefore a solid defense in your case, if the officer does not read your Miranda Rights before placing you in handcuffs.
Contact a talented Morristown criminal defense lawyer to gain the emotional and legal support you require during this pivotal time. Our team at Graves Andrews, LLC looks forward to helping you.
