“You have the right to remain silent.” We’ve all heard it in movies and TV shows, but what does it really mean when those words are directed at you? Miranda Rights aren’t just a script for dramatic police scenes—they’re a cornerstone of your constitutional protections. Unfortunately, law enforcement doesn’t always get it right. If you’re in custody and your Miranda Rights aren’t read, any statements you make could violate your protections under the Fifth Amendment. But many people don’t realize this, and they unknowingly put themselves at risk during police interrogations.

Ensuring your rights are upheld requires more than just knowing them—it requires action. The Denver criminal lawyer Kimberly Diego has the knowledge and experience to hold law enforcement accountable and protect your future. Contact the Law Office of Kimberly Diego to start building your defense.

Understanding Miranda Rights

Miranda Rights stem from the Fifth Amendment of the U.S. Constitution, which protects against self-incrimination. These rights were solidified by the 1966 Supreme Court case Miranda v. Arizona, where the court ruled that individuals must be informed of their rights before being subjected to custodial interrogation.

Here’s what the Miranda Rights guarantee:

1. You have the right to remain silent. This means you are not obligated to answer any questions from law enforcement that could incriminate you.
2. Anything you say can and will be used against you in a court of law. This serves as a warning that your words could potentially harm your defense.
3. You have the right to an attorney. You can request legal counsel during questioning.
4. 4If you cannot afford an attorney, one will be provided for you. This ensures everyone has access to legal representation, regardless of financial status.

These rights are designed to create a balance between law enforcement’s need to investigate crimes and an individual’s constitutional protections. However, the effective use of these rights depends heavily on understanding them.

When Do Miranda Rights Apply?

A common misconception is that Miranda Rights must always be read at the time of arrest. This is not true. Miranda Rights are only required in specific situations, namely during custodial interrogation. Let’s break that down:

• Custodial means you are in a situation where your freedom is significantly restricted, such as being arrested or held in a police station.
• Interrogation refers to direct questioning or actions by law enforcement intended to elicit an incriminating response.

If the police question you while you’re in custody without reading your Miranda Rights, any statements you make may be considered inadmissible in court. However, there are exceptions:

• If you voluntarily make a statement without being prompted by law enforcement, your Miranda Rights may not apply.
• If you’re stopped briefly for questioning (such as during a traffic stop) but are not in custody, Miranda Rights may not be required.

Seek Legal Help from a Denver Criminal Defense Attorney

When your Miranda Rights are violated, it’s not just a procedural error—it’s a failure to respect your constitutional protections. This is where Kimberly Diego stands apart. With her extensive experience in criminal defense, she knows how to uncover police missteps, challenge unlawful actions, and suppress improperly obtained evidence. Her meticulous case preparation ensures your rights are fully protected at every stage.

Whether you’re facing serious charges or questioning the legality of your arrest, Kimberly Diego provides personalized, aggressive representation to fight for your future. You don’t have to face law enforcement violations alone. Contact the Law Office of Kimberly Diego at (720) 257-5346 or connect online to discuss your case today.