Miranda Rights: Everything You Need to Know

Anyone who has watched a legal or crime show is aware of Miranda Rights and their importance. While often dramatized, the reading of Miranda Rights is an important part of the interrogation process. But what do they really do? And how did these rights come to be?

If you encounter law enforcement officers, you have rights. It is important to be familiar with your rights to protect your freedom and well-being. Learn more about Miranda Rights and the various questions that surround these rights by reading this article. 

What Are the Miranda Rights?

Miranda Rights consist of the following:

• You have the right to remain silent.
• If you do say anything, what you say can be used against you in a court of law.
• You have the right to consult with a lawyer and have that lawyer present during any questioning.
• If you cannot afford a lawyer, one will be appointed for you.
• If you choose to talk to the police officer, you have the right to stop the interview at any time.

When Are Miranda Rights Required?

The police are required to read your Miranda Rights prior to questioning. “The police must give a Miranda Warning if they want to question you and use your answers as direct evidence at trial if you are in custody,” notes San Diego criminal attorney George H. Ramos, “if they start questioning you but haven’t read you your rights, they can’t use anything you say as direct evidence against you at trial.”

When Are Miranda Rights Not Required?

No Miranda Warning, or reading of Miranda Rights, is required if you are not in police custody. The exception to this most often comes up when the police stop a potential suspect on the street for questioning about a recent crime or criminal activity and the suspect confesses before the police have an opportunity to deliver the Miranda Warning.

Can My Case Be Dismissed If I Wasn’t Read My Miranda Rights?

If you or a loved one is arrested and the law enforcement officer failed to give a Miranda Warning, your defense attorney can use this lapse in procedure to attempt to get your charges dismissed. However, if there is significant evidence that you or a loved one committed a crime, and the law enforcement officer did not need to rely on your answers in the interrogation to convict you of that crime, your conviction will most likely stand in the court of law.

Is There a Difference Between Miranda Rights and a Miranda Warning?

Miranda Rights are the rights you have as a citizen of the United States. A Miranda Warning would be when a law enforcement officer informs you of these Miranda Rights. 

The History of Miranda Rights

The Miranda Warning was created on June 13th, 1966 to mandate that all criminal suspects must be advised of their rights prior to being interrogated. The decision was made by the U.S. supreme court in the case Miranda v. Arizona. 

The Miranda decision was based off a sexual assault case where a criminal suspect, Ernesto Miranda, was allegedly forced into a false confession during interrogation, that he later recanted. Ernesto Mirando was unaware that he did not need to say anything at all. 

After his conviction and during this time in Arizona state prison, the American Civil Liberties Union took up his appeal, claiming his confession was false and coerced. The Supreme Court overturned his conviction, but after a retrial, he was convicted again. 

Knowing Your Rights

As a citizen of the United States, it is important to be familiar with your rights, especially if you are facing arrest or criminal charges. Miranda Rights enable those facing interrogation to help protect their freedom and protect them from forced or coerced confessions. 

If you or a loved one is facing arrest or criminal charges, being familiar with your rights could play a significant role in your case. To learn more, speak with a criminal defense attorney in your area.