What Are Miranda Rights - Information On Criminal Law

What are Miranda Rights? This article discusses some important aspects of a persons Miranda Rights, -- what Miranda Rights are, when Miranda Rights apply, when Miranda Rights do not apply, and the limits on how police and prosecutors can use a persons statement made in violation of their Miranda Rights.

When a person is arrested, a police officer generally reads him his Miranda Rights from a form. These rights include the right to remain silent; the right to speak with an attorney before being questioned; the right to have an attorney present when you are questioned; and the right to have an appointed attorney (a public defender for example) if you cannot afford an attorney.

While Miranda Rights may sound very protective, in many cases they are not. The reason for this is clear a police officer only needs to read someone their Miranda Rights when they are (1) in custody and (2) under interrogation. If a person is not in custody and/or is not being interrogated a police officer can ask them questions without reading them their Miranda Rights.

What qualifies as police custody. Custody means that a person is formally arrested or, even if they are not formally arrested, their freedom of movement is restrained in a way very similar to being under formal arrest. If a police officer orders a person to stand against a wall and not move they are probably in custody even if they are not yet arrested. However, if a police officer approaches a person on the street and asks them a question they are probably not in custody since they have a greater sense of freedom.

Assuming a person is in custody, Miranda Rights still apply only when a person is being interrogated. Interrogation means questioning by a police officer that is likely to cause someone to make an incriminating statement. A question such as did you shoot him would clearly be an interrogation, however, casual conversation between a police officer and an arrested person might not be considered an interrogation if the police officer does not ask the person questions that would typically be used against him in a criminal case.

If a person is in custody and under interrogation they must be read their Miranda Rights. In most cases, if a person says something to a police officer when they should have been given their Miranda Rights, this statement cannot be used against the person in court. However, a huge exception to this rule is using a statement obtained in violation of a persons Miranda Rights to impeach them in court to show that they are lying. For example, if a defendant testifies in court that a car was blue, but he previously told the police the car was red, his prior statement that the car was red can still be used to show the defendant is lying even if the statement was made in violation of his Miranda Rights. ((

Sincerely,( Garret Weinrieb( Valerio | Weinrieb Criminal Defense Attorneys

(((note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)