Criminal Law Legal Guide

Miranda Rights

If you have ever watched any of the hundreds of police programs on television in the last 20 years then you probably have seen the Hollywood version of the Miranda rights. However, do you really know the ins and outs of the Miranda rights? Do you know when your Miranda rights apply? The purpose of this article is to take a closer look at the Miranda rights and answer some of the most frequently asked questions regarding them.

What is the origin of term "Miranda rights?"
The term "Miranda rights" stems from the 1966 Supreme Court case Miranda v. Arizona, which involved a man named Ernesto Miranda. Mr. Miranda was accused of kidnapping and rape, but the prosecuting attorneys used only his confession to convict him. The Supreme Court eventually ruled the interrogation was intimidating and that had Mr. Miranda known his rights of counsel and self-incrimination the prosecution would not have been able to secure a conviction. It was then decided that every suspect brought into custody must be made aware of their rights in order to prevent similar occurrences in the future.

When do my Miranda rights take effect?
Your Miranda rights take effect the minute that you are considered in custody. When the police arrest you they should read you your Miranda rights.

If I am arrested, and the police don't read me my rights, do the have to let me go?
No, however, if you say anything they will not be able to use it in court. Even if you confess, it will be deemed inadmissible.

Can the police question me without reading me my Miranda rights?
Yes, they can question you but you are under no legal obligation to answer them unless you are under arrest. The police question people at crime scenes without reading them their rights. Miranda rights only apply once someone is in custody.

What are the Miranda Rights?
The police are required to inform you of the following:

1. Right to remain silent
2. The fact that anything you say will or can be used against you in court.
3. Right to have an attorney present during questioning and the fact that if you're unable to afford an attorney one will be provided for you. The arresting agents must also make sure that you understand these rights.

What if someone speaks another language or has some ether difficulty understanding?
It is the responsibility of the police to make sure the person understands their rights. They must also provide a translator for those that do not understand English, and must make available interpreters for those who are hard of hearing or have limited mental capacity.

If you are being questioned by the police, can you stop and then ask for an attorney?
Yes, all interrogation must then stop until your attorney arrives. However, what ever you have already said can be used because it was given voluntarily.

Knowing your Miranda rights can aid you and your attorneys should you or someone you love face criminal charges. If you believe that your Miranda rights were violated, you must consult our attorneys immediately. Let us help you fight for your rights and ensure that rights of others are not violated in the future. Contact us today.