Burns Law Group, PC
Contact 770-628-1131
GET A FREE Consultation
View Practice Areas

The protections offered by Miranda rights

Georgia residents who may be subject to police interrogation might find it beneficial to more fully understand the rights that are afforded to them by the U.S. Constitution. Under the Fifth Amendment, all persons enjoy the right against self-incrimination. The purpose of the Miranda warnings is to ensure that individuals do not involuntarily surrender that right.

Law enforcement officials must inform detainees of their right to remain silent and their right to the presence of an attorney before proceeding with an interrogation. In order to fully enjoy the protections afforded by the Miranda rights, however, an individual who faces questioning must actively invoke them. Unless the desire to remain silent or to have an attorney present is clearly communicated to authorities, the results of a subsequent interrogation could be admissible in court as evidence for the prosecution's case.

It is not enough to simply remain silent. Unless this right is explicitly voiced, police can choose to continue an interrogation either immediately or at a later time without necessarily violating the detainee's Miranda rights.

In the event that the right to remain silent was not properly invoked, the prosecution must establish that the charged individual not only understood the reading of the rights but also waived them. The latter may not be difficult to do if the detainee made further voluntary statements after being informed of and acknowledging an understanding of the rights as read by a law enforcement official.

Georgia residents who have been taken into custody may find it beneficial to request the presence of a criminal defense attorney at their earliest opportunity. The attorney could see that their rights are protected throughout every step of the legal process while helping a client avoid unintentionally waiving them during what might be experienced as a stressful and confusing situation.

No Comments

Leave a comment
Comment Information
Email Us Today

How Can We Help You?

Choosing an attorney to represent you is a big decision. Give us a call today if you would like to talk to us about your problems and learn how we can help. We offer initial legal consultations free of charge. Call 770-628-1131 or complete this form to reach one of our lawyers in Canton today for your free, no-obligation consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Burns Law Group, PC
181 E. Main Street
Canton, GA 30114

Phone: 770-628-1131
Fax: 770-956-1404
Map & Directions

Map & Direction

Connect With Us