Understanding Your Miranda Rights

If you or a loved one have been arrested, you may take a particular interest in Miranda rights, also known as a Miranda warning. These are rights you have throughout the criminal justice process, and in most cases, you want to invoke and protect these rights. It is also important to speak with a criminal defense lawyer about Miranda rights if you or your loved one were not made aware of them after an arrest. If an officer failed to inform you of your rights when required to by law, this could have a significant impact on your case.   

Where Miranda Rights Come From 

In 1966, the U.S. Supreme Court handed down an opinion in the case of Miranda v. Arizona. Their decision defined the rights of suspects who are to be interrogated by the police. More specifically, the Supreme Court determined the right of suspects to be informed of certain constitutional rights before the police make any attempt to obtain a confession from them.  

Prior to this case, Miranda rights did exist. These are constitutional rights that suspects already had. However, without any legal experience or knowledge, suspects were unlikely to know about these rights or how to protect them. By establishing that suspects must be informed of certain constitutional rights, the Supreme Court provided a method to balance the power between police and those suspected of committing crimes.  

Your Miranda Rights 

After you are arrested and before questioning, a police officer must inform of you of certain rights. Your Miranda rights include: 

You have the right to remain silent. 

Under the Fifth Amendment of the U.S. Constitution, no person can be made a witness against themselves in a criminal case. In other words, you cannot be forced to provide evidence that could be used against you, or to confess to committing a crime. As an extension of this right, you are not required to answer any police officer’s questions.  

Invoking your right to remain silent is not as intuitive as you might think. Simply not talking after the police ask you a question does not invoke this right. Based on a 2013 U.S. Supreme Court decision, your silence can be admitted as evidence against you in court if you did not invoke your right to remain silent. During questioning, you must specifically state “I am invoking my right to remain silent.” After invoking this right, then your silence cannot be used against as evidence of your guilt.  

Anything you say can be used against you in a court of law. 

If you speak during interrogation, you are choosing to do so. You are choosing to provide information to officers, which could be used to establish a criminal case against you.  

You have the right to an attorney. 

Under the Sixth Amendment of the U.S. Constitution, an accused shall have the assistance of counsel for their defense during a criminal prosecution. When you are arrested or detained by the police, you are pulled into the criminal justice system. You immediately have the right to obtain an attorney, and you should get one. You have the right to have an attorney present when the police question you, and during court appearances.  

If you cannot afford an attorney, one will be appointed to you. 

The Constitution states an accused shall enjoy the right to have an attorney. It does not say you may have an attorney if you can afford one. When the police wish to question you, but you do not have the means to hire a private criminal defense attorney, you can request that a public defender be assigned to your case.  

The Exclusionary Rule 

If you were not mirandized before being questioned by the police, you should speak with a criminal defense lawyer right away. Not being read your rights will not necessarily lead to your case being dismissed. A prosecutor can still charge you and pursue a conviction. However, due to the exclusionary rule, not being told your Miranda rights before an interrogation can greatly affect the case. 

The exclusionary rule means evidence that was obtained in violation of the Constitution is inadmissible at criminal trials. If you answered an officer’s questions and were not read your Miranda rights, your answers and any other evidence obtained during the interrogation may be inadmissible at trial.  

However, the exclusionary rule is not automatic. A prosecutor will not forgo using the evidence when they learn you were not properly mirandized. Instead, they may seek to use your own statements or confession during the case. It is up to your criminal defense lawyer to file a motion and ask the judge to rule the evidence inadmissible.  

During an Investigation, Call a Criminal Defense Lawyer Immediately 

If at any point the police want to question you regarding a crime, you should state that you will remain silent and request a lawyer. If you have been arrested at this point, you can contact an attorney or have a public defender assigned to your case. If you have not been placed under arrest, you should decline to answer the police officer’s questions. If you are in custody, ask if you are free to go. You should hire a criminal defense lawyer before you answer any police questions.