Miranda Rights

Miranda rights, also known as a Miranda Warning, is provided to the accused suspects by police informing them of their constitutional rights before being interrogated. Miranda Rights Law falls under the category of the Bill of Rights, specifically in the 5th Amendment Since 1966, after the Supreme Court ruling in Miranda v. Arizona, law enforcement in the United States is obligated to read the rights to any person placed in custody by the constitution, or face dismissal of charges and other evidence for suspects who had their Miranda rights violated.

The following are warnings required to be given to a suspect in custody prior to interrogation:

• You have the right to remain silent
• Anything you say can and will be used against you in a court of law
• You have the right to be speak to an attorney, and to have an attorney present during any questioning
• If you cannot afford a attorney, one will be provided for you at government expense
• Do you understand these rights? Do you wish to speak to the police at this moment in time?

If a potential suspect’s Miranda rights are not read or violated at any point of the investigation the charges may potentially be dropped. For example, when a suspect in custody is interrogated without properly being advised and of their rights and exposes information which may lead to incriminating evidence against the suspect, then any statement that is made, while detained is potentially excluded from the case in a court of law.

If you have been charged with a crime and believe your Miranda rights were not read to you, you may have a right to pursue legal action. A knowledgeable and experienced criminal defense lawyer can help determine if the charges and rights against you have been violated.

• If you need legal assistance with a Criminal Charge, click here to consult with an Criminal Defense Lawyer near you to discuss the details of your case. This website is for informational purposes only.

Update: JC

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