Even kids know the saying, "You have the right to remain silent. 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 one, one will be provided to you. If you want to answer my questions now, without an attorney, you have the right to stop answering questions anytime and seek the advice of an attorney." Those are your Miranda Rights. This blog won't go into the details of the namesake case (Miranda v. Arizona); however, you can click HERE for more information on it. Overall, the reading of Miranda Rights is to remind you that you have the right against self-incrimination and to legal counsel.
Many mistakenly believe their rights to be violated the moment Kansas law enforcement come into contact with them and begin asking questions. That is not when you need to be advised of this right. You are not entitled to advisement during the initial investigation of a crime. Rather, the police need only advise of this right once you are in custody (ex. arrest) or otherwise deprived of your freedom. You have the right to remain silent but you can waive that right after asserting it. The police must stop asking you questions, once you asserted your right; however, they can begin asking you questions about other crimes they believe you to be involved in. You have assert it each time. Asking, "Do I need an attorney?" isn't enough. Children can assert their right by asking to speak to their parent or guardian. After reading you your rights, Kansas police will ask, "Do you mind answering some questions for me?" If you do, you waived your Miranda Rights.
Tip: It is always better to remain silent and refuse to answer questions until you speak to an attorney.
If the police, or law enforcement, anywhere in Kansas (or the United States), do not read you these rights, you may have some or all of the evidence against you excluded. It is the role of your attorney to pay careful attention, when reviewing discovery (i.e. the evidence against you), to see if your Miranda or any other rights were violated. If objections are not raised, and motions are not filed, you likely will waive your ability to later take issue with the use of wrongfully obtained evidence, statements, etc..
You have questions about your case. Call Attorney T. Morton today (913) 602-7288. Consultations are free and payment plans are available.