This is the first post in our series on understanding what a waiver of your Miranda rights can mean for your criminal case. The goal of our coming articles is to provide information which will help you grasp the impact that such a waiver may have. It is our hope that you will recognize the implications of choosing to waive your rights and what the conviction of a criminal offense can ultimately mean for your future. Further, it is crucial that you understand what the standard is for waiving your rights and what you can do if you believe your rights were waived without your full consent or knowledge. If you require assistance, contact our Little Rock office today to speak with a lawyer.
We will be addressing several topics over our coming articles. Issues which we will analyze include:
- How a Miranda waiver works
- The standard for a Miranda waiver
- Express versus implied waiver
- Re-invoking your rights after a waiver
- The evidentiary hearing process once a waiver is disputed
These are important topics for residents of our community to understand for several reasons. First, many people aren’t aware of what their Miranda rights actually consist of. It is important that defendants grasp the importance of these rights and what a waiver actually means. Second, a defendant should have knowledge of the standard for what constitutes a waiver because not every waiver is valid. Third, there is a distinction between an express waiver and an implied one. Fourth, it is important to note that there are circumstances in which one may re-invoke their pre-waiver rights. Lastly, once your attorney disputes the lawfulness of the waiver, an evidentiary hearing will be held. Criminal defendants should know what to expect at these proceedings.
If you have been charged with a crime and statements you made to the authorities are now being used against you, contact an attorney immediately. Waiving your Miranda rights has serious implications and may result in a potential conviction. Retaining an experienced attorney can ensure that your rights will be protected.
If you would like to discuss your options or the best way to proceed then contact our office. Our Little Rock lawyers are ready to assist you. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of the state.