If you have ever watched a crime drama, you have most likely heard an arresting officer advise a criminal of his or her Miranda rights. What you might not realize when listening to the recitation from the officer, the criminal might not actually have the right to remain silent.

Whether or not you are currently facing criminal charge, it is important that you understand the ins and outs of Miranda rights so that you do not inadvertently make a mistake, such as remaining silent, when it could jeopardize your defense.

Miranda v. Arizona

Although most people have heard or are familiar with Miranda rights, many do not know the origins of this privilege. In 1966, the case of Miranda v. Arizona was heard by the Supreme Court. Ernesto Miranda argued that he had been arrested and interrogated without being informed by law enforcement that he had the right to not answer questions without first talking to a lawyer. The court agreed.

The Miranda rights simply states that police have to ensure that you are read your Fifth and Sixth Amendments. Even though you have heard the rights stated in the same order each time, this is not requirement.

Defendant's Silence

Prior to 2013, if you were arrested, you had the right to not answer any questions asked by police without your silence being taken as an admission of guilt. In mid-2013, all of that changed. The Supreme Court ruled in the case of Salinas v. Texas, that a suspect's silence can be introduced during a court hearing as evidence of guilt.

The ruling explicitly applies to suspects who are considered to not be in custody. Regardless of whether or not a suspect has been read his or her Miranda rights, if he or she is silent during questioning, it could possibly be used against him or her.

In the case, the suspect, Salinas, had not been read his Miranda rights and consented to answer questions asked by police. However, when police questioned the suspect as to whether his silence when asked about possible ballistics results, Salinas did not respond. The prosecutor pointed to his silence as an admission of guilt since he had freely answered questions leading up to that point about the crime. The Supreme Court agreed with the prosecutor's argument.

Invoking Rights

The only way to avoid having your silence used against you is to verbally invoke your right to silence. Without this verbal invocation, your silence could prove costly. Once you have invoked your right to silence, it is important you call a defense lawyer. The lawyer can advise you of how to proceed legally without jeopardizing your defense.

Even though your rights are guaranteed to you, it is important you understand how to apply them. Talk to a lawyer to avoid confusion and ensure you are in the best position legally. To learn more about your rights or if you need help, go to this web-site for more information.