When law enforcement pulls you over for a speeding ticket, suspicion of DUI, or even more serious matters like suspicion of automobile theft, it can be a stressful event. If you are stopped for reasons outside of a simple moving violation and placed in custody, it is imperative to remember that you have rights that you may exercise. When you are arrested by a police officer, law enforcement is required to advise you of your Miranda Rights. What exactly is the “Miranda Warning” or “Miranda Rights” you may ask? Whenever a person is arrested, before being questioned he or she must be told of his or her constitutional Fifth Amendment right not to make any self-incriminating statements. As a result of the landmark case Miranda v Arizona, anyone in police custody must be told four things before being questioned:
- 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 appointed for you
The question then becomes, how do you exercise your Miranda rights after being advised of them by a police officer? In light of the 2013 Salinas v Texas ruling by United States Supreme Court, it is of paramount importance to be aware that you must act affirmatively in order to employ your rights. That is, you are required to take the affirmative step of telling the officer that you wish to remain silent or that you want a lawyer before saying anything else. Simply saying to the officer “do I need a lawyer” or “should I get a lawyer” is not sufficient. You must affirmatively say that you do not want to answer questions or that you want a lawyer in order to exercise your rights.
In addition, per Silanas v Teaxas, simply keeping quiet and not responding to the officer may no longer be deemed a sufficient method by which to exercise your right to remain silent. By keeping quiet and not affirmatively asserting your Miranda Rights, you may not have exercised your right to remain silent, and the officer can continue to talk to you, ask questions, or make statements in an effort to get you to reply in an inculpatory fashion — that is, to say something that would amount to a confession or otherwise make you appear guilty.
Always remember these tips if placed in custody by a law enforcement officer:
- If you’re arrested, you aren’t going to talk your way out of it
- Asserting your rights does not imply guilt, it implies wise judgment
- Make certain you have made it clear you wish to assert your right to remain silent and to an attorney
If you have any questions regarding your right to remain silent or any other issue as it relates to your constitutional rights under the law, contact our attorney, Donna Wagner, and schedule a consultation.
Real-life results
See what happy clients are saying about me.
“I spoke with several attorneys and from the moment I spoke with Donna I knew she was the person I wanted to hire for a child custody case.
From the very first interaction she was enthusiastic, friendly, and honest. She asked a lot of questions to get to know the case well. I was so impressed with how thorough and thoughtful she was throughout the entire process, explaining every step along the way.
Donna was great at staying in contact and kept me updated as everything progressed. She was affordable and very fair in her billing. If ever another situation is to arise in which I’m requiring legal assistance and representation she will be the first I call.
Due to Donna’s persistence I was able to come out ahead with more than I had ever hoped for when I first brought her my case. She helped me to see and understand things about my situation that would have never occurred to me on my own.
This woman has so much integrity! I’m so grateful for all of her help during a nerve wracking time. She was incredibly personable. I highly recommend Donna Wagner for your legal needs.
Best decision I ever made in the midst of a divorce, from someone who asked for the divorce, was to hire Donna Wagner. I was facing an attorney who was representing my spouse, thinking all I had to do was sign the papers. No, they were attempting to get money out of me. Keep in mind we didn’t have any kids. Anyhow, Donna came in and shut it all down. I was due in court in a week and she got that continued. After going back and forth with the opposing attorney, Donna was able to not only get them to settle the case without going to court but have everything ruled in my favor. I am finally divorced and can breathe easy. Thank you Donna Wagner!
Donna provided such expertise during my case with her. She was always responsive, knowledgeable and professional, while also being compassionate to my situation. I cannot recommend her enough!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I know for certain that If I am needing an attorney again in the future, I will be using Donna Wagner. There are so many great things to say about Donna. However, I believe what I appreciated most was how Donna handles special situations, and I assure you, my circumstances were just that! Donna was very thorough during my entire case. She was able to address my unique case but also do so with legal basis even though the courts may not always allow for such situations. Donna was very thorough each step of the way and was certain to not leave any stone un-turned. One thing I really liked about Donna was her fire. When situations arose, she can be more than passionate about her job and serving justice to those who deserve it. I also want Donna’s clients to know that she was very timely with me in her communications with me. Whether by email or phone, she was always just a call or a message away. When being in a legal situation, I know from previous experience, being able to reach your attorney means everything. I am more than pleased with the results that I recieved from Donna Wagner, and I assure you my case turned out better than I had imagined and even for a fair price. Donna Wagner rocks!
I obtained Mrs. Donna Wagner’s services in 2012 to help with my charge of driving under the influence. I first called several other attorneys, but none of them were willing to listen to my case. Mrs. Wagner not only took the time to listen but went out of her way to be sensitive to my issues, respond quickly to my questions, and help me understand this unfamiliar process. It was clear to me from the beginning that she knew the system well and was very thorough in her exploration into my case. With her experience and knowledge of the Mt. Juiliet court system, combined with her adept use of the evidence at hand, she was able to get my charges significantly reduced. I could not be more happy with my choice of attorney. I am certain that I would not have had such a successful outcome without her guidance and skill.
