Sheila Moheb
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Moheb Legal Defense, PLLC

Protecting your Constitutional rights and civil liberties with effective and diligent legal representation.

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Free Consultation
Moheb Legal Defense, PLLC
Protecting your Constitutional rights and civil liberties
with effective and diligent legal representation.
~|search~|font-awesome~|solid
~|icon_pin~|elegant-themes~|solid
Free Consultation

COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is tele-commuting, but is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us through telephone, email and video-conferencing. Please call or email us to discuss your options.

Breaking down your Miranda rights

You have probably heard about Miranda rights. They often come up in movies and television shows about law enforcement. Many people, even though who have never been under arrest, have some knowledge of the Miranda warning. This warning is more than a classic Hollywood trope. It states real rights you have when an officer places you under arrest, and for your own good, you should understand them completely. 

According to Cornell Law School, Miranda rights are simply a rundown of your constitutional rights when you face criminal charges. Officers are very direct when reading you a Miranda warning to assure you understand them and hear them correctly because if they do not advise you of your rights, it can cause issues for them later at trial. 

The rights 

The rights outlined by a Miranda warning include your right to an attorney and your right to remain silent. Your right to remain silent honors your right against self-incrimination. The right to an attorney honors your right to have counsel when facing criminal charges. 

Under these rights, you do not have to talk with law enforcement about the criminal situation. You have a right to consult with an attorney before you do so as well. 

You will also hear in the warning about your right to a court-appointed attorney. This is if you cannot afford one. The court must provide you with an attorney if you fall under certain income guidelines. 

The history 

The reason these rights are Miranda rights is because of a Supreme Court case. The case, Miranda v. Arizona, resulted in the decision that people under arrest have certain rights officers must tell them before starting an interrogation. After the ruling, all law enforcement agencies now read every person their rights when placing them under arrest to avoid legal issues where a person says they interrogated him or her without ensuring he or she was aware of the rights.