Buffalo, NY Criminal Defense Lawyers Explain Your Miranda Rights

Your Miranda Rights, Explained in Simple Terms

Getting arrested can be scary. The police suddenly handcuff you, stick you in a squad car, and take you down to the station – it’s like something out of a movie. But did you know you actually have important rights in this situation that protect you from being taken advantage of? These are called your Miranda rights.

This article will explain exactly what the Miranda warning is and when the police have to read you your rights. We’ll also look at what happens if the cops mess up and don’t follow the rules. Our goal here is to break it all down into simple terms anyone can understand, so you know your rights if you ever end up in handcuffs.

What is the Miranda Warning?

The Miranda warning is a list of rights the police have to read you if they put you under arrest or take you into custody and want to ask you questions. Here’s what it says:

• You have the right to remain silent.
• Anything you say can and will be used against you in court.
• You have the right to talk to a lawyer and have them present with you while you are being questioned.
• If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.
• You can decide at any time to exercise these rights and not answer any questions or make any statements.

That’s the gist of it. The police have to explain that you don’t have to talk to them if you don’t want to. And that you can get a lawyer to help you out. Pretty important stuff!

This warning comes from a famous Supreme Court case called Miranda v. Arizona in 1966. The justices decided suspects have to be told about these Fifth and Sixth Amendment rights before police questioning.

When Do Police Have to Give the Miranda Warning?

There are two requirements for when the police have to read you your Miranda rights:

1. You have to be in police custody
2. They have to be interrogating you

“Custody” means you’ve been arrested or your freedom has been restricted like you’re under arrest. “Interrogation” means express questioning or other actions likely to get incriminating answers.

So basically, if the cops have restricted your freedom and they want to ask you potentially incriminating questions, they have to inform you of your rights first. If the situation changes later on, they may have to read you the Miranda warning again.

When Don’t Police Have to Give the Warning?

There are some exceptions where the police don’t need to read you the Miranda rights:

• If they are asking basic questions to book you like your name, address, etc.
• If they are asking questions necessary for public safety reasons.
• If you start voluntarily talking to them without it being in response to questioning.

But in general, if they have you in custody and are interrogating you, they must give the warning. Otherwise, any incriminating statements you make might not be allowed as evidence at trial.

What Happens if Police Don’t Read Your Rights?

If the police detain you and start asking potentially incriminating questions without reading your rights, your lawyer can argue any statements you made should be excluded from evidence. The court will look at the circumstances and decide if the officers violated your Fifth Amendment protections.

However, any physical evidence the police find as a result of your unwarned statements is still generally admissible. It’s just your actual statements that could get thrown out.

Can You Change Your Mind Later?

Yes, you can waive your Miranda rights at first but then decide to stop talking and ask for a lawyer later on. Just say out loud “I want to invoke my right to remain silent” or “I want a lawyer present now.” That tells the cops they have to stop the interrogation.

You also might waive your rights at first but then want to take them back later. As long as you clearly invoke your rights, the police have to honor that and stop questioning you until an attorney is present. Don’t be afraid to speak up!

Special Situations

Extra care should be taken when the police are questioning juveniles or people with mental disabilities. They may not fully understand their rights or be able to properly waive them.

Miranda also applies no matter what your nationality or immigration status. Whether you are a U.S. citizen or not, the police have to inform you of your rights before a custodial interrogation.