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: 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. 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, hearings, or a trial without representation — and if you cannot afford to hire an attorney, the court will provide you with a public defender. Ironically, to invoke your right to remain silent, you have to talk — simply not speaking isn’t considered sufficient. A person needs to say as clearly as possible that they are invoking their rights and want an attorney.
Many people waive their rights because they know they’re not guilty — or they think that speaking with the police will make them look innocent. Criminal defense attorneys strongly advise against this. Body language, off-handed statements, or inconsistent recounting of events can be used as evidence of guilt. And sadly, many innocent people have been sentenced to time in prison. If you’re ever arrested or questioned in connection with a crime, the best way to protect your rights is to invoke them right away. Hire an experienced criminal defense attorney or ask the court to appoint one for you. The lawyer will review your case, help you understand the charges, and provide expert guidance on your next steps. Don't feel bad about doing so — these rights are enshrined in the Constitution. They're just that important.
This Is Your Sign: Read a Fantasy Book With Your Kids!
The ‘Percy Jackson & the Olympians’ series by Rick Riordan — This series about a funny young boy thrown into the world of Greek gods and epic adventures is recommended for kids ages 9 and up.
Sometimes when I’m working on a case with a client and they’re having a tough time, I like to make a joke to lighten the mood. A little humor can go a long way! One thing that always works for me to make adults and kids chuckle is a Harry Potter joke. With my height, pale skin, and red hair, I look a lot like the character Ron Weasley from the “Harry Potter” books. So, I like to lean in and say, “Congratulations, kids, you’re in magical hands today — you have a lawyer that looks like Ron Weasley!” Harry Potter is cross-generational and usually gets a laugh from everyone. Of course, sometimes this works against me. Growing up, I could never escape the Ron Weasley comparisons! Fantasy books can be a great way to bring families of all ages together. “Harry Potter” is the perfect series to read with your kids, and I plan to introduce mine to “The Lord of the Rings” when they’re older, too. Those two are classics, so you might have already read them. If so, here are a few more series to read together at bedtime or enjoy alongside your teenagers. For older kids, consider making a family book club and discussing each book after reading for a true bonding experience.
‘The Secrets of the Immortal Nicholas Flamel’ series by Michael Scott — This series stars teenaged twins, a 700-year-old magician, and a quest to save the world. It’s recommended for kids 12 and up.
The ‘Ranger's Apprentice’ series by John Flanagan — In these books, a 15-year-old named Will is chosen to join a mysterious group known as the Rangers. But can he really help them protect their kingdom? Kids 10 and up will enjoy this ride. Your kids might also love the “Falling Kingdoms” series by Morgan Rhodes and “Flame in the Mist” by Renée Ahdieh , which both include plenty of magic and teen protagonists. Happy reading!
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cell phone is 404.409.3160.)
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