August 1st, 2011
Know Your Miranda Rights

Who hasn’t heard about Miranda rights in television, film, or reference to any current news story? It is important to know that anyone detained by police and whose freedom has been curtailed has the right not to incriminate themselves and to know their rights under Amendments V and VI of the Constitution of the United States:

  • You have the right to remain silent.
  • Anything you say may be used against you in court. (As a minor, anything you say may be used against you in the prosecution of a juvenile offense and can also be used against you in a criminal prosecution as an adult if the juvenile court declines, transferx or does not have jurisdiction over your case).
  • You have the right to counsel. If you can not pay, counsel will be provided free of charge if you wish.
  • You have the right to have counsel present during any questioning.
  • You may exercise any of the foregoing rights at any time before or during any questioning, or making any statement.
  • To waive these rights, you must know and understand, and after being informed of them, choose to voluntarily answer questions. If you do not speak English and can tell the officer made arrangements for an interpreter to participate in the case.

Amendment V.
(Ratified December 15, 1791)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI.
(Ratified December 15, 1791)

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Expediente Rojo Project (Code Red), is a non-profit organization dedicated to providing the Latino community with information about crime in their communities. Visit Expediente Rojo’s website, follow them on Facebook or on Twitter @Expediente_Rojo.

[Photo By Alex E. Proimos]

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