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You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney, and if you cannot afford one, one will be provided for you by the state.
Created as a 5 v. 4 result of the 1966 Supreme Court case Miranda v. Arizona, Miranda Rights cement the powers of the Fifth and Sixth Amendments. The Sixth Amendment guarantees the right to a lawyer. The Fifth Amendment protects individuals from being forced to testify against themselves in court.
Note that Miranda rights only take into effect after a person has been arrested for a crime. Under investigation, a person has no obligation to be Mirandized but can inform the officer that their attorney told them to never speak to law enforcement without talking to him or her first.
What Are Miranda Rights?
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney, and if you cannot afford one, one will be provided for free by the state.
- If charged with a crime, it is your right to know what that charge is before answering any questions from police officers or detectives.
What About The One Phone Call?
The one phone call rule only applies if one has been arrested. It does not apply to people who have been detained or questioned by police. If an indididual is detained or questioned, but not formally arrested, then the right to a phone call doesn't kick in until after release from custody.
What Happens After Arrested?
Once an individual has been arrested, the booking process begins. This is when personal information is recorded and any belongings that were in possession when arrested are returned.
If bail has been set for release from custody (or if no bail has been set), then one of two things will happen: either a bail bondsman will pay the amount necessary for release; or, if there isn't enough money available, the individual may be held until trial date).
What Are the Consequences of a Criminal Conviction?
- Jail time: The length of the jail sentence depends on the crime and other factors, but it can range from a few days to several years.
- Fines and restitution: If you're convicted of a crime, you may have to pay money in fines or restitution (money paid by the offender to victims).
- Probation: You might be sentenced to probation instead of prison if you are found guilty of a misdemeanor or felony offense; this means that instead of going directly into custody after being convicted, you'll be released under certain conditions for up-to-three years--including regular check-ins with an officer who monitors your progress through probationary periods.
When Does One Need a Defense Lawyer?
When one is are facing a criminal charge, one’s constitutional rights are at stake. They need to ensure that all aspects of their case is handled properly and that they have the best possible chance at success.
Contact Us
The attorneys at JPS Law have years of experience providing top quality service for clients in Kentucky. We will give your case personal attention.
You should contact a member of our team at JPS Law if you or a loved one needs a criminal defense attorney with the experience. Give us a call at (859) 240-7480 and we’ll be glad to talk with you about your case.
Knowing your rights during an arrest is important. The best way to protect yourself is by knowing your rights and speaking when attorney is present—by listening to a lawyer’s advice.
Practice Areas
JPS Law is a criminal defense practice serving all 120 Kentucky counties. Attorney John Sienkiewicz and Tara Sienkiewicz are always ready to help and ensure the best support throughout the duration of your case. They understand that criminal charges, license suspensions, bond money, and the stress of navigating the criminal justice system can affect an entire family. Our practice mirrors that. You'll work with both John and Tara throughout your case. By hiring JPS Law - you already have a team dedicated specifically to your case.
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