Your Basic Miranda Rights

Most of us are aware of the basic Miranda rights, which apply in every state and are a very critical aspect in any criminal defense case. There are many different defenses that can be successful in a given case if the Miranda rights were not properly read, depending the criminal charge and the applicable laws in the state of Alabama. In order to be able to develop a successful defense in your case, it is essential that you understand your basic Miranda rights, so that you can tell us about anything that does not line up with the law as we build your defense strategy.

If you are not properly Mirandized, then any evidence gathered during the arrest and subsequent questioning, or evidence stemming from the questioning, may be suppressed at court. Suppressed evidence cannot be brought before the judge or jury during the trial phase, or used for or against you.

This article is strictly informative in nature, and should not be perceived as legal advice or counsel in any way.

  1. You have the right to remain silent. Once you waive the right to remain silent, you cannot revoke it and go back to being silent. As soon as you are arrested, you should contact us so that we can represent you during questioning. Do not answer any questions without professional legal counsel!
  2. Anything you say can be used against you at court. In a criminal case, this can be a positive or negative thing. For instance, if we counsel you to say something, then it will be something helpful or at least as minimally destructive as possible. If we advise you not to answer a question, the information will not be used against you in court, or to gather more evidence against you. What you did not say or do can be used against you in court too if you are not careful, such as a refusal to submit to sobriety or Breathalyzer testing during a DUI arrest.
  3. You have the right to an attorney. This is also one of your basic Constitutional rights in the United States, so it is just as important—if not more so—as the other three. You cannot be refused legal counsel based on any factor, from age to number of offenses or type of criminal charge.
  4. Finally, if you cannot afford an attorney, one will be provided to you at no charge. A judge, who assigns a court-appointed attorney for your case if you cannot afford to retain one of your own, accomplishes this at a special hearing or during the arraignment part of the legal process. We work hard to keep our fees as low as possible so that you know you are getting quality legal counsel with a proven track record of success.

Contact us to schedule an initial consultation in your case, and begin building a criminal defense strategy that works better than expected in more than 90% of cases.


About handlawfirm

Born September 12, 1964, Ben earned a Bachelor of Science in Business Management degree from Auburn University in 1987 and a Juris Doctorate degree from Cumberland School of Law in 1990. Ben has been a practicing attorney since 1990 and spent six years in Central America. He is familiar with customs and conditions of the region and is fluent in Spanish. Ben established and is currently the Vice President of the Legal and Contracting with Emergency Response Training Systems, the only company to run military style software (jcats/acats) for training of civilian law enforcement (ERTS Opelika, Alabama). This also provides homeland security training for the Auburn University Homeland Security department. Ben Hand is the winner of various Who’s-Who Awards, the Republican of the year for 2001, and a Republican Nominee for the U.S. House in 1994. He is licensed to practice law in Alabama and Georgia. Ben founded Hand, Fellows and Associates law firm and is the founding member of the board of directors of Beacon University in Columbus, Georgia. Ben currently represents thirty-two different non-profit organizations in Alabama, Texas, Georgia and Tennessee. He is a business legal adviser to seventy-five different small businesses and corporations. Ben was hired by Chief of police, Terry Sanders, to represent him in a dispute with the Valley City Council in Valley, Alabama and was also hired by Chief of Police, Ben Brown, to represent him in negotiations with the Lanett City Council and the mayor of Lanett, Alabama. The former city attorney for Uniontown, Alabama, Ben is a city prosecutor for cities of Opelika and Roanoke in Alabama. Ben is a family court referee in Lee County, Alabama and was appointed by Governor Bob Riley as an Administrative Law Judge for State Health Planning and Development Agency. He successfully represented the State Republican party in Lee County during Governor Bob Riley’s election challenge 2002. Governor Bob Riley was elected by a narrow margin and the outgoing Governor challenged the election. Ben was asked by Governor Riley to represent him in Lee County. Governor Riley won and the challenge was dropped by the outgoing Governor. Ben was a guest lecturer for the Auburn University Safe House. He instructed the local law enforcement and Domestic Violence counselors on obtaining protection from abuse orders. Ben was a guest lecturer for Auburn University SOAR for lawyers and realtors on construction law. He is an elder at Believers Church in Auburn, AL and on the board of directors for the Spirit of Life Church in Murfreesboro, TN. Ben is a Gideon speaker and member since 1992 and a Municipal Judge in Wedowee, Alabama since 1995. Ben%2
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