Miranda Rights are: 1.) You have the right to remain silent. 2.) Anything you say can and will be used against you. 3.) You have the right to an attorney before and during any interrogation. 4.) If you cannot afford an attorney, you have the right to have an attorney appointed to you before and during any questioning.
- Miranda Rights apply only when a person is detained by the police or a person is not free to leave AND, the person is being asked questions by the police which may result in an incriminating response.
- A person who is accused of committing a crime by law enforcement must be read his/her Miranda Rights before he/she can be subjected to a custodial interrogation.
- You can be arrested and NEVER read your Miranda Rights.
- If you are detained and the officer wants to question you about the crime, the police officer must first read you your Miranda Rights.
- If you are detained and questioned without Miranda Rights, the criminal case usually will not be dismissed. But, the statements you made without the Miranda Rights may be suppressed and not allowed to be used against you.
Posted in: Criminal Law