The Miranda warning is a phrase where the arresting police officer warns the arrestee that they have a right to remain silent and that what they say could easily incriminate them in a court of law. So, what does the Miranda warning mean? Why is it crucial for someone to remain silent while they are being arrested and even after an arrest? Does one still have a right of a bail bond if they do not remain silent as they are being arrested? These are pertinent issues you need to be informed of.
Here are things you need to know about the Miranda warning and the need to be silent:
The History of the phrase
Each US citizen is accorded protections such as the right to remain silent when they are being questioned by a prosecutor or police. You need not provide information that could be self-incriminating. In 1966, a defendant, Ernesto Miranda was not informed of his right to remain silent. Since the ruling, police have to inform an arrested individual of their right to remain silent.
Exercise and know your rights
You need not just know your rights but exercise them. These are some of the rights:
- It is your right to remain silent as a police officer or a prosecutor questions you. Therefore, if you decide to give up this right, you should be aware that what you utter can be used against you in court.
- You have a right to have an attorney as the questioning is done.
- If you cannot afford an attorney, one should be appointed to represent you during questioning or during the case.
Would you waive the above rights? Definitely, it would not be the right thing to do. Remember you also have a right to surety bond insurance if you need to be released from jail and follow your case while you are free.