The Miranda Warning Explained
Author: Auger Law | May 20th, 2015
Anyone who has watched crime TV knows about “Miranda Rights.” Legally known as the Miranda warning, this list of elements is read to you after you are taken into custody and before you are questioned.
What do you really know about your Miranda warning? From the point of view of the suspect, these elements serve to remind you that you have the right to remain silent and to an attorney. To an officer, the warning aids in preserving the admissibility of any statements you make into an official court proceeding.
It’s important to understand that the police aren’t your enemy but, if you are a suspect, they are not your friend. Anything that you say, whether as an utterance or formerly, can come back to haunt you.
The specific wording of the warning can vary from place to place. Each jurisdiction has its own set of rules. No matter how the warning is worded, it must contain the following elements:
- You do have the right to not answer questions (or to remain silent)
- Anything that you decide to say can be used against you in court
- You have the right to consult an attorney before you answer questions
- An attorney must be appointed to you before questioning if you so desire (if you cannot afford to pay for one)
- You can stop answering questions whenever you like
- You must be asked if you understand your rights after they have been explained to you
Understand that if you are read your Miranda warning, you are suspected of doing something illegal. No police officer is going to “read you your rights” unless they plan on asking you some very serious questions.
If you feel as though you must say something, which most lawyers advise against, keep your statements very simple. Do not get so pumped with adrenaline that you start speaking and can’t stop. Chances are very high that you will say something that, later, you wish you hadn’t.
If you have been injured by someone during the commission of a crime or otherwise, you may be entitled to compensation. Contact our experienced attorneys immediately. We are here to help ensure that you get everything you deserve. We are happy to help you put the pieces of your life back together. Call us today for an initial consultation.