There are very specific rules in place for when the police are required to read you your Miranda Rights. If they fail to follow protocol when it comes to informing you of your rights, it could affect the outcome of your case. Here’s what you should know about the Miranda Warning.
What is the Miranda Warning?
The Miranda Warning was established as a legal requirement in 1966. The warning is a verbal statement made by police to inform individuals of their rights as they are being detained.
- The right to remain silent
- The right to speak with an attorney before answering questions
- The right to be assigned an attorney if they cannot afford to hire one
- The right to stop answering questions at any point during an interview
At the end of the warning, the police must ask the suspect if they understand the rights that were read to them.
When Are Police Required to Give the Miranda Warning?
This is one of the most misunderstood parts of the Miranda Warning. The police are only required to read these rights to individuals who are in police custody and subject to interrogation about a criminal offense.
Therefore, the police are not required to read you your rights any time they interact with, or question you, like at a DUI stop.
Your Rights Prior to the Warning
While the police are not required to tell you your rights at all times, know that you have the same rights even before being detained and questioned. You always have your right to remain silent, even from the first seconds you interact with the police. Calmly state that you are using your right to remain silent.
If The Police Don’t Read Your Rights
If the police don’t read you your Miranda Warning when it is required, then there is a significant chance that what you said during questioning cannot be used against you in a trial.
If you were not read your rights, always share this information with your defense attorney. They can look into the circumstances of your arrest and determine whether or not the police did not follow the proper protocol surrounding the Miranda Warning.
Miami Criminal Defense Attorneys
The attorney you choose can have a significant impact on the outcome of your case. At Hager & Schwartz, P.A. we have extensive experience over a wide variety of practice areas, including:
We are available days, nights, and weekends, so give our defense team a call as soon as possible following your arrest: (305) 330-1360.