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.
- 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!
- 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.
- 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.
- 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.