Miranda Rights: Las Vegas
The right to remain silent is a critical right that must be asserted during your arrest. However, it is a mistake to think that when you are being arrested that this right will be automatically enforced. In fact, police often attempt to encourage people to speak when they are not required to do so. If you take the bait, you are effectively waiving your rights. The result is that every detail of what you said will be used as evidence by the prosecution.
Some of the finer points to keep in mind:
• Silence cannot be used as evidence against you during the trial
• Never give a written statement
• Never agree to take a polygraph
• Never speak to the police during the arrest
If you have done any of these things before consulting with your attorney, some of the damage to your case could be severe. It is important to get legal advice as soon as possible in order to attempt to mitigate any harm. Since the right to remain silent is guaranteed by the Constitution, the only way that you can lose this right is if you do not know about it or if you waive your rights by speaking to the arresting officers.
Even if you have made a mistake and said something that can be used by the prosecution, this does not guarantee that they will succeed in convicting you. By using the professional services of a Potter Law Firm attorney, you will have a team that will fight for your rights every step of the way.