Arrested for a Drug-Related Crime? Know Your Miranda Rights. If you’ve been arrested for a drug-related crime in Missouri, knowing your Miranda Rights is essential to protecting yourself from self-incrimination. Many people unknowingly say things that hurt their case, believing they can talk their way out of trouble. However, anything you say can and will be used against you in court.
Law enforcement officers do not always read Miranda Rights immediately, and in some cases, they may try to get you to talk before informing you of your rights. This is why it is crucial to understand when your Miranda Rights apply, when to invoke them, and what to do if they are violated.
If you believe your rights were not properly read or that you were coerced into making statements, you need an experienced criminal defense attorney on your side immediately. Contact us online today to discuss your case.
What Are Miranda Rights?
Miranda Rights are legal protections that safeguard you from self-incrimination and ensure your right to legal counsel when you are in police custody. These rights stem from the 1966 Supreme Court case Miranda v. Arizona, which ruled that suspects must be informed of their constitutional rights before being interrogated.
When officers place you under arrest, they must inform you of the following:
- 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.
- If you cannot afford an attorney, one will be appointed for you.
These rights protect you from making statements that could later be used against you. It is critical to remember that remaining silent is always the best course of action until you have spoken with an attorney.
What are My Fifth and Sixth Amendment Rights?
The Fifth Amendment right states that no one “shall be compelled in any criminal case to be a witness against himself”, which means you cannot be forced to give incriminating evidence.
The Sixth Amendment right states “in all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defense”, so you have the right to a self-appointed or state-appointed criminal defense lawyer.
When Do Miranda Rights Apply?
Miranda Rights are required in two specific situations:
- When You Are in Police Custody
- When You Are Being Interrogated
You are considered to be in police custody if you are under arrest or otherwise not free to leave. If law enforcement detains you and restricts your movement in a way that a reasonable person would consider being in custody, your Miranda Rights should be read.
Miranda Rights apply when officers question you about a crime. If law enforcement is trying to elicit an incriminating response, they must first read your rights. However, casual conversations or voluntary statements made before custody or interrogation do not require a Miranda warning.
If law enforcement fails to read your Miranda Rights in these situations, any statements you make may be inadmissible in court. However, this does not automatically mean your case will be dismissed—you will still need a skilled criminal defense attorney to challenge the evidence against you.
What to Do If You’re Arrested for a Drug-Related Crime in St. Louis, Missouri
Being arrested for a drug-related offense can be frightening, but your actions in the moment can significantly impact the outcome of your case. Follow these steps to protect yourself:
- Remain Calm and Comply with Officers
- Resisting arrest can lead to additional charges, even if you believe you are being wrongfully detained.
- Keep your hands visible and follow basic instructions to avoid escalating the situation.
- Invoke Your Right to Remain Silent
- Do not answer any questions beyond providing your name and basic identifying information.
- Clearly state: “I am invoking my right to remain silent, and I want to speak with my attorney.”
- Do Not Consent to Searches
- Police may ask for permission to search your belongings, vehicle, or home—you have the right to say no.
- Without a warrant, an officer generally needs probable cause to conduct a search. If you consent, any evidence they find can be used against you.
- Contact an Experienced Drug Crime Attorney
- Having legal representation as soon as possible can prevent you from making statements that harm your case.
- Call a criminal defense lawyer or ask a trusted friend or family member to contact one on your behalf.
Protect Yourself: Call a St. Louis Drug Crimes Attorney Today
When you are arrested for a drug-related crime, your Miranda Rights are your first line of defense—but having the right attorney by your side is just as crucial.
If law enforcement failed to read your rights or violated them in any way, it could be a major factor in challenging the charges against you. A skilled criminal defense attorney can analyze your case and determine the best legal strategy.
Don’t wait—contact Combs Waterkotte today or call (314) 900-HELP for a free consultation and immediate legal representation. Our team is available 24/7 to fight for your rights.
