An Important Observation About Miranda Rights Warnings!!!

Posted by Corey L. Scott | Mar 04, 2023 | 0 Comments

It's safe to assume that everyone has heard the Miranda rights warning at least once in their life. Maybe some witnessed it in person when they or someone else got arrested, or it could be that it's picked up from a movie where a police officer arrests the perpetrator.

The Miranda rights are recited by a police officer to inform the arrested individual of their basic rights to remain silent and obtain legal representation. It goes like this “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

Because this warning is heard over and over again, it has the tendency to lose its meaning over time. But a careful reading will reveal the essence of one of the most important phrases — “Anything you say can and will be used against you.”


“Anything You Say Can and Will Be Used Against You”

Words have the power to help or to hurt. And in a situation where someone is arrested for a crime, what is not said can be as important as, if not more than, what is said. Notice that there is nothing in the Miranda rights warning that says something to the effect of “what you say can be used for you, to help you, or to free you.”

In a very real sense, this phrase is essentially saying that anything that the arrested individual says is used against them only.


Law Enforcement is Not Going to Help You in a Criminal Case

Looking at the Miranda rights warning from this perspective stresses the importance of remembering that law enforcement is not a friend to anyone arrested for a crime. Regardless of what tactics they use to get a confession, they are going to use the accused's side of the story as evidence against them in a trial.

In situations like this, it's always the accused versus the law enforcement. Hence, without a lawyer, no one should freely talk about their case to police officers.


Exercise Your Right to Remain Silent

The Miranda rights warning also advises the accused of their right to remain silent. If they don't say anything, whether at the time of the arrest or under police interrogation, nothing can be used against them. Police, as well as the State, will have no opportunity to misquote, exaggerate, or change their statements to serve as incriminating evidence in court.

Silence can never be misquoted. So a word to the wise for anybody ever arrested for an offense: be quiet, don't say anything and exercise your right to remain silent.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.


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