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arrest),
however, they are required by the Miranda law to do so prior to
interrogation.
The Police has a tough time sorting out the crime unless somebody
voluntarily informs them about the case. Most of us believe that
explaining our side of a story can only help, but often an officer
is only listening for key things that fit an offense he feels
has been committed. That is why the "right to remain silent"
is so important, and the phrase "what you say may be used
against you" is all too true.
A person detained
for possible driving under the influence says, "I only had
two beers." What that means to a court is that the driver
has admitted consuming alcohol, and that fact no longer has to
be proven by the state.
The Miranda Rights
- You
have the right to remain silent.
- Anything
you say can be used against you in a court of law.
- You
have the right to have an attorney present during any
questioning.
- If
you cannot afford an attorney, the state appoints one
for you free of charge if you wish.
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The Miranda Law
does not protect you from being arrested. It protects only from
incriminating yourself during questioning. The police only require
a probable cause (an adequate reason and events to believe the person
has committed a crime) to legally arrest a person.
Understand that a Police officer has a right to ask questions. Other
than giving your identifying information, you have a right to politely
decline discussion.
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