While most people know Miranda's warning ("You have the right to remain silent..."), few are aware of what it actually means. A violation of your Miranda rights can drastically impact your case if you are accused of a crime in Pennsylvania. Therefore, it is important to familiarize oneself with the legal concepts behind the Miranda warning.
To be clear, this is a highly complicated matter, and understanding how your Miranda rights affect your case (if at all) necessitates the assistance of a skilled Pennsylvania criminal defense lawyer.
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With that in mind, here's a rundown of some of the essential details to be aware of:
Miranda Warning in Pennsylvania: Five Key Aspects
1. Knowing your rights is a fundamental right.
The Miranda warning is based on the idea that criminal suspects have a right to be informed of their legal rights. The police may be liable for any legal protections you may have in your criminal case if they fail to promptly notify you of your rights.
2. You Have the Right to Say Nothing
Miranda warnings must include two essential rights. According to the Fifth Amendment of the United States Constitution, the right to keep silent is among the first.
The Miranda warning reads roughly as follows: "Should you wish to remain silent, you can do so. The statements you make may be used against you in legal proceedings.
3. You are entitled to legal representation.
The right to legal counsel, which the Sixth Amendment guarantees, is the second fundamental right protected by Miranda's warning. In most warnings, you are told, "You have a right to an attorney. An attorney will be assigned to you if you cannot afford one."
4. You Have the Right to Appeal a Miranda Infringement
The police are required by law to read you the Miranda warning before detaining you. You can contest the violation in court if the police do not read you the warning.
5. You have the right to exclude evidence obtained illegally from your case.
Any evidence gathered violating your legal rights will be considered inadmissible in your criminal case if you successfully contest a Miranda violation. Any self-incriminatory statements you made to police, as well as any evidence the cops gathered based on your information, are covered by this provision.
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