The U.S. Constitution strongly protects the rights of someone who has been arrested. The men who wrote that historic document were living in a time when the rights of common men were often ignored. They were determined to do better in the new nation they were fighting to establish.
Some rights are not always clearly understood and can be abused. The most important function of criminal law attorneys in Tyler TX is to protect these rights.
The Miranda Warning
Probably every adult in the U.S. has heard the Miranda warning countless times on TV and in the movies when a police officer reads suspects their rights. The suspect is warned they can remain silent and have the right to an attorney. This is based upon the Fifth and Sixth Amendments to the U.S.
Constitution.
Some people believe if they weren’t read their Miranda rights they can’t be convicted. That’s not true. What the failure to read the Miranda rights does mean is that the prosecutor will be unable to use the defendant’s words against him or her during a trial in most instances.
The Right to Remain Silent
This right cannot be emphasized enough. Do not talk to the police until you have talked to your attorney. The more you try to convince them of your innocence, the more likely it is that you will give them evidence to use against you in court and they will do so. Don’t talk yourself into jail.
The Right to an Attorney
The right to legal representation is extremely important. The law is very complex and convictions can carry extremely serious consequences. No one should have to face the power of the state alone. As soon as someone is arrested, it’s very important to say you want an attorney. Keep saying this if necessary. Don’t answer questions until the attorney arrives.
A Suspect Can’t be Detained Indefinitely Without Charges
In most cases, someone can only be held for 24 hours before being charged with a crime or released. In the event of a very serious crime such as murder, this time can be extended to a few days if a judge approves.
At Holmes, Moore, Waldron, & Parrish P.L.L.C. we care about the hardships you are facing. We are committed to providing the diligence and thorough strategizing needed to develop a solid defense on your behalf.
