Miranda Rights

Roland Xavier Tiemann

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Criminal Defense Attorney

Contributor Level 14

Posted over 4 years ago. 1 helpful vote

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1

Do The Police Have to Read You Your Miranda Rights

It's important to note that Miranda rights do not have to be read until you are taken into custody. That means that you can be questioned by the police before being taken into custody, anything you say at that point can be used against you later in court.

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What you Need to know about Miranda Rights

The Miranda warning is an acknowledgment of the criminal suspect's right to take what is always the best course of action for any arrestee: say nothing until you've spoken with a lawyer. Still, the Miranda warning is frequently misunderstood as encompassing all lawful detentions by police. It should be noted that Miranda does not apply to questions asked at a crime scene, any statements volunteered by the suspect at any time, questioning of individuals for fact-finding purposes, or questioning during an investigatory stop. These exceptions are significant in that they encompass many situations in which police acquire important evidence from suspects who are under no legal obligation to answer questions.

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Do You Need to Answer Police Questions

In many cases, police officers acquire probable cause to arrest a suspect due to his/her own answers to police questions at the crime scene. If police have arrested you and plan to ask you questions about a crime, they must read you a Miranda warning. While this process is often referred to as "reading you your rights" police will only inform you of your right against self-incrimination and your right to an attorney. Other than identifying yourself, you are under no obligation to disclose information to the police at any time. The right against self-incrimination excludes statements made voluntarily. Anything you say to a police officer at any time can be used against you.

Additional Resources

The Tiemann Law Firm

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