Miranda Warning Information – Have your Rights been Violated?
In a perfect world, nobody would lie. Everybody would tell the truth 100 percent of the time. Of course, this is not the case now and never will be in the future.
As a United States citizen, we grow up believing in the police force and the good that they bring to the streets. If arrested, however, many people begin to think differently. They wonder if the police are always telling the truth. They wonder if they are being lied to or exploited in some fashion.
One of the most common questions is as follows:
When am I entitled to Miranda warnings?
Unfortunately, the answer to this question is not always simple. In other words, there is some “gray area” that can make things difficult on both the person being arrested as well as the arresting officer.
It is important to note that not every interaction with the police requires that Miranda warnings be given. This is a common misconception.
Before we go any further, let’s take a closer look at the Miranda warning:
- You have the right to remain silent.
- Anything you say or do may be used against you in a court of law.
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
- If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.
- If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
- Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Every jurisdiction in the United States has its own regulations that dictate what the police must say to the person being arrested. With that in mind, the six points above are commonly used.
Police are only required to recite the Miranda warning if you are subject to a custodial interrogation. In short, this is when a police officer is asking questions after you have been arrested for a crime. For example, don’t expect to have this warning read to you for a moving violation.
What happens if statements are obtained by the police that violate the Miranda warning?
In this case, the information may not be permissible during a criminal trial for the crime for which you are accused.
If you feel that your Miranda rights have been violated, contact a professional criminal defense lawyer at PKN Law for a free consultation.