Since 1966, the Fifth Amendment has required police officers to tell people of their right to not make any incriminating statements when they are taken into police custody for questioning. Known as the Miranda Rights because of the Supreme Court case Miranda vs. Arizona, there are four things that must be told to arrestees before questioning:
- Right to remain silent
- Anything they can be used against them
- Right to an attorney
- Right to an attorney provided by the state
If a law enforcement officer failed to read you your rights before questioning, any evidence against you that was obtained may be invalidated. However, you may still be charged as your case will not be dismissed. It is important to remember that you can invoke your right to remain silent and consult with a legal professional even if you have already answered some questions. Another important point to remember is that this only applies to verbal communication. For example, samples of your hair and blood can be taken without permission without the police officer being in violation of the Fifth Amendment. If you believe your rights were violated in this way, talking to a Los Angeles criminal defense attorney could be of great help. For a free consultation, contact a Los Angeles criminal lawyer from our team. We will fight tirelessly to protect your rights.