Everybody has probably heard of Miranda Rights.  Miranda Rights are the things you hear on TV when the police are arresting someone and putting them in handcuffs.  Every adult, and to a certain extent even juveniles, have these rights if arrested.

If you are arrested in Arizona, before the police officer asks you any questions, he or she should tell you that:

• You have the right to remain silent.
• Anything you say may be used against you.
• You have a right to have an attorney.
• If you cannot afford a lawyer, one will be appointed for you.

The United States Constitution guarantees these Miranda rights, and if the police fail to properly give you these warnings, as your Arizona criminal defense attorney, we can ask the court to suppress any statements you may have given to the police after your arrest.  If the court grants our motion, anything you said to the police as a result cannot be used against you in court. This can be a very powerful defense of your case, especially if the police enticed you to admit to something without following the laws that they must follow.

If you voluntarily make statements to the police, or if you give up your rights and decide to speak to the police without a criminal defense attorney present,  the Miranda Rule does not apply and your statements will be allowed to be used against you.  It is important to remember that the police are most likely questioning you because they are trying to gather evidence to use against you, and they are trained to do just that.

Hundreds of legal journals and thousands of cases have dealt with this complicated area of the law.  The best advice you can follow is that if you are arrested, immediately ask for an lawyer and  call our criminal defense office.   We can help to protect your rights and freedoms.