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Some Facts About Your “Miranda Rights”
If you are a suspect being detained by a Police officer, he must advise you on your “Miranda Rights”, i.e. your right to remain silent, to have an attorney, and the right to an appointed attorney if you can not afford counsel. A suspect must be advised of his rights before a custodial interrogation. However, if a suspect is not under arrest, he doesn’t have to be warned of his “Miranda Rights”.
The Police officers are very well aware of when they have to read your “Miranda Rights”. For example, if you are not under arrest and are being questioned not like a suspect they can tell you that you are not under arrest and all your cooperation is voluntary.
If the Police never read you your “Miranda Rights” they can still use your voluntary statements. Expressions made in emotional state, like "The drugs weren't mine - I was carrying them for a friend" are always accepted by the court. Moreover, if a statement like that helps the Police discover any evidence of the crime, even if that statement was made under pressure, they usually are able to use that evidence in court.
If a suspect chooses to remain silent after his “Miranda Rights” were advised to him, that silence doesn’t hurt him in court. However, if a person is not under arrest and refuses to answer while being questioned (i.e. before the “Miranda Rights”) – this can be used against the suspect in court.
If you wonder if you remain silent or ask for a lawyer, won't the police think you are Guilty – well, usually the Police tend to draw negative conclusions about this matter. However, it is better not to stay tete-a-tete with the Police, because there are many cases when the only evidence against a suspect is his confession, or the Police misinterpret his statement.
So, in any case if you feel you might become a suspect in criminal case it is always advisable to hire a professional lawyer to defend your rights in interrogation process, or in court.
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