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What should you know about Miranda rights?

On Behalf of | Jul 19, 2024 | Criminal Defense

Miranda rights are designed to protect individuals during police interrogations. These rights stem from the landmark 1966 Supreme Court case Miranda v. Arizona, which established that suspects must be informed of their rights before any custodial interrogation begins.

Understanding your Miranda rights is essential for everyone because they inform people about the Fifth Amendment right against self-incrimination and the Sixth Amendment right to legal counsel. 

What are Miranda rights?

Miranda rights include reminders about the right to remain silent because statements can be used against you in court and the right to have an attorney. You must state clearly that you want to invoke these rights so that police officers will stop the interrogation. You can do this by saying that you wish to remain silent or that you want to speak to your attorney.

When do Miranda rights apply?

Miranda rights are only required when a suspect is in police custody and subject to interrogation. “Custody” means that a person isn’t free to leave, while “interrogation” refers to direct questioning or actions by law enforcement that might lead to an incriminating response. 

The impact of waiving Miranda rights

It’s possible to waive your Miranda rights, but this must be done voluntarily, knowingly and intelligently. This means a suspect must fully understand the rights they’re giving up and the potential consequences. Waiving these rights can significantly impact the outcome of a case, as any statements made can be used as evidence during the trial.

Because the Miranda rights are so important, people who are being interrogated should always invoke them. Violations of civil rights, including your Miranda rights, can become part of a defense strategy.