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Lack of advisement regarding your rights may affect your defense

Many aspects of a situation in which you have been charged with a crime could impact the outcomes of your case. Because of the different possibilities, you may want to refrain from feeling as if you have lost your case before it begins. No matter the allegations you face, you have the right to defend against criminal charges.

In addition to the right to defend yourself, you also have other rights when police place you under arrest. In fact, law enforcement officers have a duty to inform you of those rights prior to interrogating you, due to the outcomes of a U.S. Supreme Court decision in regard to the case Miranda V. Arizona. The result of this case is why the rights often read at the time of arrest are known as Miranda rights or a Miranda warning.

Miranda rights

Though you may already know the gist of Miranda rights due to watching procedural crime shows or having faced arrest before, officers should always inform you of your rights prior to questioning you while you are in custody. Those rights include the following information:

  • Your right to remain silent
  • The fact that any information or statements you provide can and will be used against you in court
  • Your right to legal representation
  • The appointment of an attorney in the event that you cannot afford one

These rights largely fall under the Fifth Amendment to the U.S. Constitution, which indicates that individuals taken into police custody do not have to make self-incriminating statements.

Lack of advisement

As mentioned, officers may have the duty of advising you of these rights. If they do not tell you your rights, you may think that you have to answer their questions when you do not. Now, if you do provide information when police question you but an officer did not inform you of your rights in a situation in which they were required to, the information you give might be thrown out in court. Additionally, if that information led to more evidence, the court might also deem that evidence inadmissible.

Criminal defense

Knowing your rights and proper police procedure could play a role in your criminal defense. In addition to reading you your rights, officers also have many other protocols they must follow. Therefore, any mistake on their part could potentially benefit your defense. If you would like to find out more on how these types of errors could help you as your case moves forward, you may wish to gain reliable information from local Ohio legal resources.

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