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What are your miranda rights

What are your Miranda Rights?

What are YOUR Miranda Rights?

When you’re questioned by the police, what should you say? When should you talk? When should you remain silent? How do you answer when you’re being threatened by arrest if you don’t talk? What are your rights?
One question that confuses many clients is similar to this line of questioning:

Police: “I smell alcohol, how much have you had to drink tonight?”

Client: “Only a couple, it wasn’t much, but yes I had a little.”

The next thing that happens is that you are arrested for a DWI. You weren’t “Mirandized” yet you spoke. How can you be arrested without the proper reading of your Miranda rights??? We hear clients say, “I was arrested without being Mirandized, how is this legal???”

The questions that an Officer may ask you BEFORE an arrest, are questions during the investigative phase. The Officer is looking for probable cause to arrest you. If you confess to drinking, having drugs on you, robbing a bank, etc., then you are providing evidence for your arrest. In fact, Officers are trained to get you to confess during this phase so that you surrender your rights before they are even read to you. Once there is sufficient evidence for your arrest, THEN you are “Mirandized,” but only AFTER you’re arrested. The Officer can use these answers against you before you’re “Mirandized” because he/she is looking for evidence of a crime to arrest you for. If you talk and willingly give up this information, then you’ll be arrested.

“Miranda Rights” as established lawfully in 1966 in the case of Miranda vs Arizona, only apply AFTER a person is taken into custody.

We would advise you to know your Miranda Rights even BEFORE they are formally read to you. These rights apply even during the investigative phase when the Officer is questioning you. If you know your Miranda Rights and follow them during the investigative phase, BEFORE an arrest, then you may save yourself from trouble.

So what are your Miranda Rights???

1. “You have the RIGHT to remain silent”

– This is your right! The Officer can not violate this right. You can’t be coerced to talk. Don’t be tricked into talking or giving up your rights. REMEMBER, you are being recorded by Bodycams and Dashcams. If you remain silent then there is nothing for a jury to hear in your trial. So be quiet. If being quiet isn’t an option, then there are 3 words that I GUARANTEE will end this investigative phase. The 3 words are “KENNY PEREZ LAW”. Once you “Lawyer-up,” the investigation ends. Then call us!!

2. “Anything you say can and will be used against you in a court of law!”

– I don’t understand why people keep talking after they hear these words, “Anything you say can and will be used against you…” So PLEASE, don’t say anything. This statement is almost threatening, it’s almost daring you to speak up! It’s a WARNING!! Don’t speak at all, don’t do it! If you feel the need to speak, then I only recommend these 3 words; “KENNY PEREZ LAW.” – PAY CLOSE ATTENTION TO STATEMENT #3!!!

3. “You have the RIGHT to an attorney”

– If you haven’t mentioned an attorney yet, NOW IS THE TIME TO DO IT! You do not need to be interrogated alone. When you mention an attorney or the words “KENNY PEREZ LAW,” the Officer MUST terminate his/her interview and MUST terminate the interrogation. Any question that is asked after you say “KENNY PEREZ LAW” will be inadmissible in court, because you have invoked your right to sentence #3, “You have the RIGHT to an attorney.” Are you worried about affording an attorney so you’re thinking about talking? DON’T do it!! Read on…

4. “If you cannot afford an attorney, one will be appointed to you”

– After reading the provision in the “Miranda Rights” in statement #4, there is NO REASON that you should continue this interrogation. Why take the risk of incriminating yourself when you can have professional representation of experienced attorneys? Can’t afford an attorney? Fine. “One will be appointed to you.” Don’t be interrogated alone. If you’re looking for experienced, professional representation, then ask for “Kenny Perez Law.” The interrogation will end. You will have invoked the name of a Champion. This is the purpose of YOUR “Miranda Rights.” Let us fight for you!
If you’re in the unfortunate position where you are being pressured by an Officer to answer questions, before an arrest, during the interrogation phase, or after the arrest when you’re actually read your “Miranda Rights,” please remember that there is a SIMPLE solution to make it all come to a screeching halt. Remember these 3 words, “KENNY PEREZ LAW.” Once you mention a lawyer, the interview/interrogation MUST immediately end. No further questions can be asked without the presence of KENNY PEREZ LAW. If the interrogation continues without any regard to you saying our name, then the rest of the interrogation will be inadmissible in court.

DISCLAIMER: PLEASE learn your rights and learn the 3 words that will end all interrogations. The words are “KENNY PEREZ LAW.” PLEASE remember not to speak before you’re are MIRANDIZED. While your words after you mention our name should be thrown out in court, PLEASE remember that every word you speak will be recorded by the Officer’s Bodycam or Dashcam, and there’s a chance that a jury could still watch your interrogation and hear your interrogation in court. So PLEASE, mention your attorney, “KENNY PEREZ LAW,” and exercise your 5th Amendment Right to REMAIN SILENT.

Kenny Perez

Kenny Perez

Personal Injury and Criminal Defense Lawyer

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