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Understanding Your Miranda Rights

Aggressive Criminal Defense Attorney in Modesto

Criminal cases can stir a lot of emotion in an individual and even a simple arrest can cause enormous amounts of stress and grief to a person. Many people do not know where to turn or who to trust to ensure that their rights are protected and their freedoms aggressively defended. At Scott Mitchell Law Incorporated, our Modesto criminal defense attorney stands ready to provide our clients with outstanding legal representation after an arrest.

Regardless of the actions that you may be facing penalties for, you can be assured that when you work with Scott Mitchell Law Incorporated, your case is in good hands. After an arrest, even in the midst of the chaos you may be feeling, it is important to remember that you have rights.

What Are My Rights?

Many people have probably heard these rights read out loud, but never knew what they were called. Your Miranda Rights, or your federally protected rights, include the following:

  • The Right to Remain Silent – anything you say can and will be held against you in a court of law.
  • The Right to Consult an Attorney – prior to engaging in questioning, the suspect may consult with an attorney should they so choose. If an attorney cannot be afforded, one will be assigned to them.

The rights sometimes extend into the reading of "the right to a fair trial" but do not always include this section. These rights are required to be read to you prior to interrogation but not necessarily before an arrest. It is highly recommended that you exercise these rights and contact an attorney as soon as possible.

Taking Action to Protect Your Rights

As an American citizen and a human being, you have rights that are protected under local, state and federal laws. In fact, the rights outlined in the United States Constitution provide protection to criminally charged individuals. Under the United States Fifth Amendment, all individuals taken into police custody are required to be read and understand that they acknowledge their rights.

These rights are sometimes referred to as Miranda Rights (so named because of the Miranda v. Arizona trial) and any detained person must be read these rights. If a person so chooses to invoke their rights, they cannot be prosecuted, threatened, harassed or forced to speak and all interrogation efforts must cease. If you know that your rights have been violated, you may be eligible to file a lawsuit against the wrongful party.

What if I decide to exercise these rights?

If you so choose to exercise these rights, you will not be punished for doing so. Whether you have already started speaking or not, there is no reason that you must continue talking without consulting an attorney first. At any time, you can stop and request the presence of a lawyer before completing an interrogation.

Police often use cunning tactics to try to persuade you to admit to criminal acts without revealing that they have gathered evidence; which can automatically incriminate yourself. Before speaking with an officer, it is completely fine to state that you do not wish to answer questions and would rather speak to an attorney before pursuing an interrogation. Even if you are "innocent" this course of action may greatly assist you.

Further Advice from Scott Mitchell Law Incorporated

As always, it is important that you do this in a respective manner, because acting unruly may only complicate your case and lead to additional charges of resisting arrest. Do you feel that your rights have been violated? You deserve aggressive representation. At Scott Mitchell Law Incorporated, our team is ready to provide you with the assistance you need to ensure that you reach an amicable resolution.

We are ready to fight for your freedoms and defend your rights. If your rights have been violated in any manner, our team will ensure that the wrongful party is brought to justice. Contact the team today and schedule your free case evaluation with a trusted Modesto criminal defense attorney now.

Fees and Payments

Here at Scott Mitchell Law Incorporated, when it comes to fees and payments, we strive to be flexible with clients who are seeking legal representation. We offer payment arrangements, flat fee contracts, and traditional retainer agreements. We understand legal representation is necessary for all, and yet difficult for most to pay the fees all at once. Although we cannot guarantee that everyone will be able to hire us, we do promise to do what we can to make it possible for you to hire one of our attorneys to represent you.