Do You Know Your Miranda Rights? Houston Criminal Defense Lawyers
It’s not just Houston criminal defense lawyers who know the Miranda rights verbatim. Most Americans are familiar with the Miranda rights, thanks to so many TV police shows. However, how many know that the Supreme Court this year has been tinkering with the familiar rights, ensuring more ambiguity, and possibly, some confusion?
This year, the country’s highest court made several revisions to the Miranda warnings. The court did not make any changes to the actual wording of the Miranda rights, although it did approve one version that is being used in some parts of Florida. That Florida version goes like this:
You have the right to talk to a lawyer before answering any of our questions. If you cannot afford to hire a lawyer, one will be appointed for you without cost and before any questioning. You have the right to use any of these rights at any time you want during this interview.
Criminal defense lawyers in Florida argued that this version of the warnings did not make it clear to suspects that they could have a lawyer present WHILE the police was questioning them. But the 7-2 Supreme Court majority obviously did not agree.
There are other more serious changes to the Miranda rights. For the first time, a suspect’s request for an attorney is only good for about 14 days from the time he is released from custody. Once those 14 days are up, police officers can question the suspect again without having to repeat his Miranda rights, and without doing anything unconstitutional.
In yet another change, the Supreme Court ruled 5-4 that suspects who want to remain silent, must inform the police that they intend to remain silent. In other words, suspects who want to remain silent, must inform the police that they intend to remain silent, and thus, break their silence. It’s enough to make your head spin.
If you have been charged with a crime, or have questions about criminal legal issues, contact the Husband & Wife Legal Team at The Kahn Law Firm for a free legal consultation by calling 713-226-9900.
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