Friday, February 3, 2012

Your Right to Remain Silent

As a Criminal Defense Attorney I frequently come across legal documents that offer excellent information to the public - most recently, a document that provides an in depth description of your Miranda Rights and the Right to Remain Silent in reference to an arrest for a criminal violation. A short introduction to your Miranda Rights therefore follows below.

Based upon the 5th Amendment to the U.S. Constitution, and made into the law of the land by Miranda v. Arizona, Miranda Rights offer a specific set of rules governing police and law enforcement interaction with suspected criminals or those being questioned in relation to a crime. And while we are all familiar with the famous “right to remain silent” line, there are a good deal more rights enumerated in the amendment and Miranda text.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” 5th Amendment, U.S. Constitution

For a more in depth understanding of Miranda Rights, visit JDSupra.

And of course, if you need the assistance of a criminal defense attorney in RI contact Josh Macktaz at (401) 861-1155.

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