Schuelke Law - March 2022

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3011 N. Lamar Blvd., Ste. 200 Austin, TX 78705

I N S I DE THIS ISSUE

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Celebrate Read Across America Day!

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Enjoy Spring Weather — Even From Work

Easy March Madness Chili Someone Sued Michael Jordan?

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What Do Your Miranda Rights Mean?

You Have the Right to … What Now? Understanding and Using Your Miranda Rights

If you watch a lot of procedural dramas on television, you can probably recite your Miranda rights by heart:

But why are these words so ubiquitous? What do they mean in the real world? And do you really need to worry about your rights if you haven’t committed a crime? Miranda rights originated in 1966 through the Supreme Court case Miranda v. Arizona . Police arrested Ernesto Miranda on kidnapping charges, and after two hours of questioning, he eventually confessed to the crime. His attorneys argued that Miranda did not understand his rights at the time of the confession, so the courts should disregard it as evidence of his guilt. The Supreme Court agreed, saying that one cannot sign away their rights without first understanding them. The right to remain silent originates from the Fifth Amendment right to not self-incriminate. In this context, “staying silent” means not answering questions from the police. Though experts recommend silence from the beginning, a person can invoke their rights partway through an interrogation. The right to an attorney means you do not have to go through questioning,

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 an attorney, one will be provided for you.

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