Miranda Rights: Know Them. Use Them Or Lose Them.
Do You Know What Your Miranda Rights Are? If You Don’t Bail Option Offers This Guide So You Protect Yourself And Your Rights! So, the police have arrested you. They should have read you the famous Miranda rights. Miranda is actually a warning that police will give you after you’ve been arrested and you’re in custody. The purpose of Miranda is to remind you that you can remain silent per the 5th Amendment and you shouldn’t incriminate yourself. If you’re the officer, it helps with preserving your statement’s admissibility in the criminal proceeding. The police usually are not your friend when they arrest you. So, watch what you say and do in front of them. The things you say or do may have serious consequences. The wording of this warning can vary based on where you are. Each state or federal law enforcement agency have their own rules when it comes to arresting you or taking you into custody. The Basic Miranda Warning Usually Has The Following Elements: It’s your right to stay silent. Anything you do or say might be used against you in court. You may consult with an attorney prior to speaking with the police. You also have the right to have them present while you’re being questioned. If you’re unable to afford one, an attorney will be court appointed to you before you’re questioned, if you prefer. If you’ve decided to answer questions right now, with the presence of an attorney, you can still stop talking when you wish until talking with an attorney. With the knowledge and understanding of these rights as they’ve been explained to you, do you want to answer questions without the presence of an attorney? This seems to be straightforward. However, it’s not as cut and dry as it seems. There are a lot of exceptions based on the particular situation. We could explain the nuances about Miranda in this blog. However, keeping things simple is best. Your attorney can explain the finer points of Miranda to you if it gets to that point. If you are being read your Miranda rights, chances are that you’re suspected of illegal activity. As a result, your actions and words might turn into evidence. Prosecutors will use your words and actions against you to convict you. It’s not required that you speak with them if you don’t want to. You do not have to speak with them until you’ve consulted with or hired a lawyer. But it doesn’t mean you simply stand there and be silent. You should avoid saying anything than the very bare minimum. If you hire a lawyer, let them do the talking! Below are the only things that you should say without a lawyer: Officer, that man/woman attacked me. Here is the evidence (this is whatever tool that was used in the attack against you) I have witnesses (if you do) I’ll sign a complaint. I am happy to cooperate fully within 24 hours after my meeting with my lawyer. Until that time, I would like to assert my right according to the 5th Amendment and stay silent. Remember, you’re body is going to be filed with a lot of adrenaline. This means that this could even backfire if you’re starting to babble about the attack and showing them evidence. The Miranda warning is simply that a warning. You may be in lots of trouble. So keep quite because it could only make it worse. Remember, if you’re doubting yourself, stop talking. Even if you really want to talk, stop. There isn’t a lot that is going to help you and chances are it is going to hurt you. So don’t take the chance and stay silent until you have spoken with your lawyer. BailOption Is Here To Help After Police Arrest You And Read Your Miranda Rights! BailOption is your trusted partner to help you post bail fast and quiet as possible. Contact BailOption for a consultation. We will answer more questions about bail bond posting. We can also answer your questions about self incrimination. Have Police arrested you in Florida? BailOption is here for you. BailOption will not only post your initial bond but will help you with any increases you face as your case progresses. Give us a call today so that we may help you. If you would like to learn more about how we can assist you, contact us today through the website. You can also call us directly at (800) 524-0684. BailOption representatives also speak Spanish! Information detailed in this article is not construed as legal advice. The information provided in this article is for informational purposes only. Also, Check Out These Other Articles About Miranda Rights And Other Due Process Rights: You Have The Right To Remain Silent Know Your Rights
What Happens After An Arrest?
What Happen After An Arrest? There Are Series Of Bureaucratic Legal Procedures You Go Through Most people have never been arrested. Thus, many people don’t know the procedure. Below is a brief summary of how an arrest goes down in Florida and what to expect. Police read you your Miranda Rights Police are required to read you your Miranda Rights after you are arrested. However, there are times when the Police are not required to read them to you. The police only have to read them if they’re going to question you. Remember that anything that you say can still be used in court against you. If you present information voluntarily, the officer can use what you’ve said without reading the rights. At that point, police have to stop interrogating you after you tell them you want to get an attorney. At that point, you’ll be able to talk to one. Initial Processing Police will handcuff you after your arrest. Afterwards, police will take you to the local police precinct. They will then process your arrest. An officer will then interview you. They will ask for your information, like your SSN, birth date, name, etc.. Police will take your fingerprints and then take you to Central Booking. They will then process you for your arraignment. This is when you go before the judge. If you’ve never been in a jail, processing probably will come as a huge shock. It can be quite overwhelming and you’re going to be thinking about your future. Try remaining calm and keep in mind that you have rights to a trial. Questioning Police will want to question you as soon as possible. However, this is based on what police have charged you with and if you’re willing to talk. This doesn’t mean you have to answer, and you can have a lawyer present, but it’s possible you’re going to feel pressure from the officers to answer. In just about every case, do not answer questions until you’re represented by legal counsel. Remember, police can’t question you if you demand a lawyer. They could jeopardize a case against you Ability to Post Bail The court will generally allow you to post bail. However, there are rare exception in the case serious crimes or rare instances. When you’re in jail, this is the thing that you’re thinking about the most. The court will allow someone to post bail on the arrestee’s behalf. This is going to serve as surety that you’ll appear in court. Initial Hearing It doesn’t matter if you have posted bail – you should have a quick initial hearing. This usually will happen in several hours or two to three days. The judge will state the charges against you at the hearing. what penalties come with those charges. This is also when you’re going to plead not guilty or guilty. Plea Bargaining Most prosecutors are usually willing to resolve criminal cases out of court. This means because both parties (the defense and the prosecution) have a deal. Plea deals are common because all sides benefit. You, as the defendant, will be able to avoid a long defense and possibly a much harsher punishment. On the prosecution side, they save the money and time that having a trial requires. Courts can also cut down how many cases they’re hearing. The defense or the prosecution can start negotiating over a possible plea bargain. However, both sides must agree before it happens. A plea bargain will usually involve a defendant’s guilty plea to one charge or to lesser charges. The plea also might be guilty as charged, and the prosecution may recommend sentencing leniency. Trial If the charges brought against you stick and there isn’t an offered or reached plea bargain, you’re going to trial. You probably know this. However, the prosecution will have to prove that you’re guilty beyond the reasonable doubt. The prosecutor is also going to be calling to testify against you. You also will be offered to testify. These are the things that will happen after an arrest. Just make sure that you stay calm and don’t make any rash decisions. What Happen After An Arrest? BailOption Is Here To Help You And Answer All Your Questions BailOption is your trusted partner to help you post bail fast and quiet as possible. Contact BailOption for a consultation. We will answer more questions about bail bond posting. We can also answer your questions about self incrimination. Have Police arrested you in Florida? BailOption is here for you. BailOption will not only post your initial bond but will help you with any increases you face as your case progresses. Give us a call today so that we may help you. If you would like to learn more about how we can assist you, contact us today through the website. You can also call us directly at (800) 524-0684. BailOption representatives also speak Spanish! Information detailed in this article is not construed as legal advice. The information provided in this article is for informational purposes only.
You Have The Right To Remain Silent
You Have The Right To Remain Silent And It’s In Your Best Interest To Remain Silent When Arrested Police have arrested you. So, what do you do? Keep quiet and don’t say a word. You have the right to remain silent! The right to remain silent is also known as your Miranda Rights. When you choose to remain silent it means that you do not have to answer any questions that the police ask you. When you refuse to answer you can then invoke your right to remain silent. As a result, you can lawfully protect yourself from self-incrimination. Your right to remain silent can protect you from self-incrimination. What is self-incrimination? It is possible that you may make an ambiguous, confusing, unclear statement under the stress of the situation. However, a prosecutor could use those statements against if contradict something you say later.The U.S. Constitution protects your right to remain silent. It is part of the 5th Amendment which gives you the right to remain silent and not incriminate yourself during all stages of a criminal investigation. You only need to inform the police once that you wish to remain silent. Police will stop questioning you. Prosecutors cannot use your silence against you in court once you properly assert your right to remain silent. A judge will give jurors specific instructions not to consider your silence as an admission of guilt. Silence is the safest plan. Why? There is little you can say that will lead to your release. There is even a greater risk of damaging your defense with misstatements. Remember, you have the constitutional right to talk to an attorney before answering any questions. BailOption Is Here To Help! BailOption is your trusted partner to help you post bail fast and quiet as possible. Contact BailOption for a consultation. We will answer more questions about bail bond posting. We can also answer your questions about self incrimination. BailOption can help you if you are arrested in Florida. BailOption will not only post your initial bond but will help you with any increases you face as your case progresses. Give us a call today so that we may help you. If you would like to learn more about how we can assist you, contact us today through the website. You can also call us directly at (800) 524-0684. BailOption representatives also speak Spanish! Information detailed in this article is not construed as legal advice. The information provided in this article is for informational purposes only. You should always consult an attorney after you have been arrested!
Know Your Rights
Know Your Rights After Being Arrested. They Could Save You A Lot Of Time And Aggravation Later It is important to know your rights when you get arrested. Knowing them can help you avoid any further complications. Law enforcement is required to read you your Miranda Rights at the time of your arrest. You have heard them read on TV before, “Anything you say can and will be used against you in a court of law. You have the right to an Attorney. If you cannot afford an Attorney, one will be provided for you.” You do have the right to waive these rights but it’s best to first understand what they are and their importance. Know Yor Rights Under Miranda Police must read you your rights as they arrest you under Miranda. These include: You have the right to be silent Also, you have the right to waive your right to remain silent. However, if you do, your answers can be used against you In addition, you have the right to stop answering questions at any time and consult with an attorney The right to talk to an attorney before answering any questions or signing anything The right to a court-appointment attorney if you cannot afford a private one Police must clearly inform the person that they have the right to remain silent. In addition, police must also inform he suspect that they have the right to have that attorney present at the time of questioning. Police must also inform them of their Fifth Amendment right against self-incrimination. In addition, they must inform the suspect of their Sixth Amendment right to counsel. You do have the right to waive these rights and agree to speak with the police without any attorney present. But remember that you can change your mind at any time if you no longer wish to answer any questions and wish to have an attorney present. The main purpose of the Miranda rights is to make sure that those charged with a crime know their rights and are provided the opportunity to assert them. Stay Calm! When police arrest you, remember to remain as calm as possible. This will prevent any unnecessary charges. You always have the right to remain silent. The courts cannot punish you for refusing to answer questions. If you wish to remain silent, be sure to make sure the arresting officer knows this by telling them loud and clear. BailOption is your trusted partner to help you post bail fast and reunite with your loved ones. Contact BailOption for a consultation, and we will answer more questions about bail bond posting when on vacation. BailOption can help you with any bonds you face if you are arrested in Florida. BailOption will not only post your initial bond but will help you with any increases you face as your case progresses. Give us a call today so that we may help you. If you would like to learn more about how we can assist you, contact us today through the website. You can also call us directly at (800) 524-0684. BailOption representatives also speak Spanish!