All arrests are hectic. Whether it is for simple marijuana possession or murder, arrests are hectic. There are oftentimes cops everywhere, flashing blue lights, it may be early in the morning or late and night, and there is simply a lot going on. During this period of time, the cops usually read you your rights! But, sometimes they forget to read them to you. If they forgot to read you your rights during your arrest, I am sure that you have some questions. This blog post will highlight what exactly your “rights” are and what happens if the cop forgets to read them to you.
Everyone has heard of their “rights” and everyone knows that when someone is arrested they are usually read their rights (or they are supposed to be at least). But, what exactly are those rights?
Those rights are what we call your Miranda Rights and when the cop does read them we call that a “Miranda warning”. They are called “Miranda” rights because of the Supreme Court Case that established them, Miranda v. Arizona. There are two major rights covered by a Miranda warning.
1. You have the right to remain silent and that if you don’t remain silent then the cops and prosecutors can use your statements against you.
2. You have the right to an attorney, and if you cannot afford an attorney then the Court will appoint you an attorney.
These are two critical rights that you have. The right to shut up and be silent and the right to an attorney. Most people in criminal cases use the second right – the right to an attorney. But, the number one mistake we see people make during their criminal case is that they waive their right to remain silent and speak to the cops.
The rights that we have as Georgians, and Americans, are important. It is more important that you know those rights, that law enforcement respects those rights, and that when law enforcement disregards those rights that there are repercussions.
Those repercussions exist in Georgia. If the cops don’t read you your rights when they are supposed to, then anything you say can be excluded from your trial. This is an important consequence because many times law enforcement’s strongest evidence is a defendant’s own statements.
You can call or text J. Ryan Brown Law 24/7. We look forward to hearing from you.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC