What are Miranda Rights in criminal defense law?
Miranda Rights in criminal defense law are protections granted to individuals suspected or accused of crimes in California. They are rights that must be read to the person in custody - either before questioning or during questioning - so that the person is aware they may remain silent, that they have the right to an attorney, and that they may have an attorney appointed to them if they cannot afford one. Miranda Rights are based on the 1966 Supreme Court case Miranda v Arizona, which determined that criminal suspects must be informed of their Fifth Amendment rights against self-incrimination before being questioned by law enforcement authorities. Once the Miranda Rights are read to an individual, they must then acknowledge that they have been read before questioning can begin. Miranda Rights are an essential part of the defense process in California. However, they are not an absolute rule; if they are not read to a suspect or if the suspect voluntarily waives their rights, then any statements they make to the police may be admissible in court. As such, it is important for anyone who is suspected of a crime to understanding their rights and to seek the guidance of a qualified criminal defense attorney if they are facing an investigation or arrest.
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