Tennessee Criminal Lawyer Blog

“Miranda Rights” generally refer to a couple of rights subsumed under the general right against self-incrimination. These rights were enforced and highlighted by the United States Supreme Court’s 1966 decision in Miranda v. Arizona. While most anyone can recite the famous lines of a Miranda Warning, perhaps less well known are the actual rights protected by this warning. The two overarching rights are: (1) the right to remain silent, and (2) the right to an attorney.

The Right to Remain Silent: This right is guaranteed by the Fifth Amendment. Persons who are being interrogated by the authorities have a right against self-incrimination. While often known as “pleading the Fifth” in the courtroom, this right also extends to questioning and interrogation by police immediately after arrest. By invoking this right, a defendant may refuse to answer any questions that may result in the proffering of evidence that could be used against them. This right does not, however, allow a defendant to refuse to provide basic information such as their name.

The Right to An Attorney: This right is also guaranteed by the Fifth Amendment. Persons who are placed under arrest have the right to consult with an attorney, and to have their attorney present during all questioning. This is formally referred to as the “right to counsel.” This right seeks to ensure that a person who waives their right to remain silent can still be advised as to the incriminating nature of any testimony they provide thereafter. This right is seen as so fundamental that the United States Supreme Court requires that the government must provide legal counsel to persons who cannot afford it.

Perhaps the most important thing to remember about Miranda Rights is that they can be waived. It is up to a defendant and their top criminal defense attorney in Knoxville to ensure that they conduct themselves in a manner that is consistent with exercising their rights. Once the right against self-incrimination has been waived, any and all evidence extracted by the authorities after that point will be admissible at trial. This is why it is absolutely imperative that criminal defendants be apprised of their Miranda Rights as soon as possible and understand the consequences of waiving those rights.

Whether you are arrested or charged with a white collar crime, domestic violence or DUI, you have rights and the opportunity to have a skilled Tennessee criminal defense attorney on your side. The law team at Baker Associates can evaluate your case to see if your Miranda Rights have been compromised. Call us today at 866-853-2888 for a consultation.