When a suspect is arrested, he or she may be interrogated. The police use this method of questioning to get information out of the suspect about the crime that has been committed. While interrogation can be a helpful source of information for the police, they must conduct these sessions fairly and respectfully. Citizens of the United States are protected from abusive and cruel behavior according to the Constitution. Every citizen of the United States is entitled to their Miranda Rights. This set of rights is normally read to the individual upon arrest. They read as follows: "You have the right to remain silent. Anything you saw will be used against you in a court of law. You have the right to an attorney during interrogation; if you cannot afford an attorney, one will be appointed to you."
Once you have been given these rights, you now are under observation. True to their warning, the state will use anything you say against you. You can safely state your name, address, social security number, and whether or not you will invoke your Fifth Amendment right to attorney. The Miranda rights were drafted after the case Miranda vs. Arizona. In this particular instance, the courts noted that when a suspect is interrogated, it creates an inherently hostile environment. Some people break down in fear when left alone with a cop, and others are pressed to give self-incriminating information. The law declares that no prisoner should be forced to bear false witness against himself. In the Sixth Amendment, there is another protection for interrogated individuals; suspects are given the right to a lawyer throughout all critical stages of the prosecution.
It is important to note that these rights only apply to suspects who are in custody. They are meant to reduce the coercive nature of an interrogation. These rules don't apply when a "custodial interrogation" is underway. This is when a cellmate or an undercover agent discusses crime casually with the prisoner in an attempt to elicit information. Because the criminal is not aware that he is being interrogated by the government, and therefore does not feel coerced, the Miranda rights are not active in this setting. Also, the Miranda rights only apply to crimes that the defendant was formally charged with. In very rare settings, the Supreme Court can waive the right to counsel.
The Miranda Rights are the number one governing authority for all interrogations. Detectives who may interview you have the right to use anything you say to count against you in a court of law. It is imperative that you hire an attorney right away, because he or she will help protect you from unsavory forms of interrogation. If you refuse to use an attorney to represent you at trial, then law enforcement detectives can use all the interrogation techniques at their disposal. They are allowed to use deception to elicit information, and are especially skilled at weaving words together to pry information from you.
Without a skilled lawyer to counsel you through your responses, you may give away information that was unnecessary or damaging to your case. A lawyer is able to speak for you, and carefully help you discern whether to talk or remain silent. It is essential that you get together with your attorney before your interrogation to organize a game plan. Normally, first time arrestees are terrified at the thought of interrogation, almost to the point of disorientation. Many times people are not able to function or rationally think through the wisest answers because they are so worried about their future. Detectives may try and take advantage of suspects in this state, which is one more reason that an attorney is ideal.
When you are interrogated, it is important to remember that the law enforcement will support the prosecution. Because deception is a legal form of interrogation, a policeman or detective may try to befriend you in order to learn more information. Be cautious of what you share- even with those that you are comfortable with. Whenever you feel your rights are being infringed, make sure to tell you lawyer. He or she will be able to ensure that you are treated with the respect that you deserve.
