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Montgomery County Miranda Rights

Popular entertainment often features a police officer reciting a person’s Miranda rights as they are being placed under arrest. This commonplace portrayal has led to people mistakenly believing certain aspects about their rights following an arrest. An experienced Montgomery County criminal defense attorney will be able to clear misconceptions a person may have about their rights throughout the process of a criminal case.

Common Misconceptions About Miranda Rights

One of the most common misconceptions about Miranda rights is that somebody who is being arrested will always be Mirandized. That is inaccurate. You are not required to receive your Miranda rights upon arrest. You are only required to receive your Miranda rights when you are in custodial interrogations. If you are in custody and you are being asked questions when are not free to leave, and the questions that you are being asked may elicit incriminating responses, you should be Mirandized by a Montgomery County police officer.
If you are not Mirandized that does not mean the case gets thrown out completely. It simply means that the statements that were made in violation of the Miranda warning will be inadmissible. That can be extremely helpful to a case and a Montgomery County criminal lawyer from a defense perspective, but it does not mean that the case will necessarily be thrown out. Other evidence may still be used to criminally prosecute a person.

Mistakes to Avoid During the Arrest Process

One of the most common mistakes a person should avoid during the arrest process is giving an officer any information like a statement or a confession after they are placed under arrest, simply because they want to be cooperative. It is important to be polite when you are placed under arrest and not to be combative, but to save any questions or statements for your attorney, because a statement that you give your attorney can be screened to determine whether it is going to benefit you or whether it is going to hurt you in the criminal prosecution.

Benefit of a Montgomery County Criminal Defense Attorney

If you have been indicted you do have an opportunity to surrender yourself to the location where the warrant is coming from, which is going to be the Montgomery County Detention Center in Rockville, Maryland. If you are surrendering yourself it can be very helpful to you in the determination of your bond amount. Usually somebody for whom the police do not have to search or who has not been avoiding an outstanding arrest warrant is more likely to be released on bond than somebody who was very difficult for the court to find, because the latter will pose a risk that will be of concern to the courts.