These are some of the concerns when a Miranda Right issue is raised in connection with statements made by a person arrested
When do Miranda Rights need to be given?Miranda Rights are those rights associated with "in-custody interrogation." This means that when a person is "not reasonably free to leave" the custody of police officials, they must first be given their Miranda rights before questioning. Failure to give those Miranda Rights and get a waiver of those rights can lead to exclusion of statements from evidence at trial
What happens if Miranda Rights are not given?When Miranda Rights are not given, then there can be a question about whether the 5th Amendment right against self-incrimination is waived. If there is no valid waiver, then the answers to in-custody questioning can be excluded from evidence at any subsequent trial
What are Miranda Rights?Miranda Rights are those rights associated with the 5th Amendment right against self-incrimination. They include a right to have an attorney prior to and during any police questioning. If you cannot afford an attorney, then one can be appointed to represent you prior to questioning. You have the right to remain silent. Anything that you say can be used against you in Court later.