What are Miranda Rights in criminal defense law?

Miranda Rights are rights given to someone who has been arrested or is being held in police custody. These rights, which were established by the 1966 Supreme Court case Miranda V. Arizona, are intended to protect individuals from involuntary confessions that could be used as evidence against them. Miranda Rights inform arrested individuals that they have the right to remain silent, the right to an attorney, and the right to have an attorney appointed for them if they cannot afford one. These rights also provide protection from police coercion, meaning that anything an individual says while they are in police custody can be used as evidence in court. In West Virginia, a person must be informed of their Miranda Rights before being questioned by police. If an individual’s Miranda Rights are violated, their statements or confessions may be excluded as evidence in court. Additionally, if the individual is not informed of their rights during an interrogation, any evidence obtained as a result of the interrogation may also be excluded. It is important to note that Miranda Rights are only applicable after a person has been arrested; they are not required to be read to a person who is merely being questioned. Miranda Rights are essential for protecting the rights of individuals who have been arrested or are in police custody. These rights ensure that individuals will be treated fairly and their statements will only be used as evidence if they are aware of their rights and freely choose to waive them.

What are Miranda Rights in criminal defense law?

Related FAQs

Related Blog Posts