Miranda rights are so commonly depicted in pop culture that most people know they have rights when they are arrested. The Supreme Court did not create an exact statement that must be given in the well-known case of Miranda v. Arizona. A criminal lawyer can explain your rights more fully and whether a Miranda rights violation may be an issue in your case. Different law enforcement agencies have come up with a variety of statements, but there are a few basic requirements.
What Are My Miranda Rights?
- You have the right to remain silent
- Anything you say can be used against you in a court of law
- You have the right to consult with an attorney and to have an attorney present during questioning
- If you cannot afford an attorney, one will be appointed to you free of charge if you so choose
When Are Miranda Rights Required?
Most people are surprised to learn that the police are not necessarily required to “Mirandize” a suspect when he is taken into custody. Miranda rights must be given before a suspect is questioned, but there is a difference between being arrested and being questioned. “Questioning” is when the police ask the suspect any pertinent questions about the crime for which the suspect is arrested. The term does not include when the police as basic questions such as the suspect’s name and address. The police also do not have to read Miranda rights to someone who is not a suspect in a crime.
At Hinkle, Jachimowicz, Pointer & Emanuel, we handle a wide range of criminal defense cases. Our San Jose firm is headed by two former police officers and a certified criminal law specialist. To learn how our experienced criminal lawyers can help with your case today, call (408) 916-1413.