What are the Miranda rights?

September 24, 2008

In 1966, the United States Supreme Court issued a ruling in a case that dramatically changed criminal procedure. Whenever a person is “in custody” and being subjected to interrogation, law enforcement is required to inform them of certain rights. Those rights that must be explained to a suspect are: The right to remain silent; that anything they say can and will be used against them in court; they have the right to an attorney before and during any questioning and if the suspect cannot afford an attorney, one will be appointed free of charge. If the Miranda rights were required to be given, but weren’t, any statement obtained by law enforcement should be excluded from evidence by the judge.

Criminal Procedure, FAQ

5 Trackbacks

“You have the right to remain silent . . .” | Law Office of Joe Dane - Criminal Defense Attorney - October 7, 2008 at 7:59 am

[...] the police do not have to read someone their rights the second they’re arrested. The Miranda rights (”You have the right to remain silent”, etc.) are only required to be given when a [...]
DUI and Miranda rights | Law Office of Joe Dane - Criminal Defense Attorney - October 22, 2008 at 11:23 am

[...] I wrote in another post, the Miranda rights are important Constitutional rights that must be given to you before any custodial police [...]
Sexual assault and rape | Law Office of Joe Dane - Criminal Defense Attorney - December 10, 2008 at 4:51 pm

[...] you give a statement to the police, even those statements are subject to challenge. Miranda rights violations may render your statement inadmissible against [...]
Interacting with the police | Law Office of Joe Dane - Criminal Defense Attorney - December 23, 2008 at 9:25 am

[...] a detention, they police are not required to give you your Miranda rights. You still have a right against self-incrimination under the Fifth Amendment at any time. That [...]
Criminal appeals - challenging your conviction | Law Office of Joe Dane - Criminal Defense Attorney - February 19, 2009 at 3:55 pm

[...] any statements can be introduced at trial. In the case of a statement by the defendant, were the Miranda rights given? Were they given properly? Should the statement have been excluded, but it was admitted [...]

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