An officer who is going to interrogate you must convey to you that:. It doesn't matter whether an interrogation occurs in a jail, at the scene of a crime, on a busy downtown street, or the middle of an open field: If a person is in custody deprived of his or her freedom of action in any significant way , the police must read the Miranda rights if they want to ask questions and use the answers as evidence at trial.
If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. Police officers often avoid arresting people—and make it clear to them that they're free to go—precisely so they don't have to give the Miranda warning. Then they can arrest the suspect after getting the incriminating statement they wanted all along.
For more detail, see our article on the meaning of "custodial interrogation. Do you have to respond to police questions if you haven't been arrested? Generally, no. You typically don't have to answer even if you're under arrest.
A police officer generally cannot arrest a person simply for failure to respond to questions. There are, however, situations where you might have to provide information like identification. The almost-universal advice of defense attorneys is to keep the old mouth tightly shut when being questioned after an arrest, at least until after consulting an attorney. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt.
Without a Miranda warning, what the arrestee says in response to custodial questioning can't be used for most purposes as evidence at trial.
For more detail, see our article on when statements obtained in violation of Miranda can be used against you. A violation of Miranda rights doesn't necessarily mean that the officers coerced the statement out of the suspect.
But if they did, not only is the statement inadmissible, but so too is any evidence that the police obtain as the result of it. For an idea of what this kind of scenario looks like, read up on Miranda and involuntary confessions.
The Miranda rule is complex, and no one article can address all its ins and outs. If you've been arrested or charged with a crime, you should talk to a lawyer for a full explanation of the law, including how it may differ slightly in your state.
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Instead, the prosecution cannot use evidence obtained in violation of the Miranda rule at trial to prove the person's guilt. The statements, however, can be used to contradict testimony given by the defendant at trial and sometimes at sentencing. If you've been arrested and face interrogation by the police, it's important to ask for a lawyer before answering any questions. An experienced defense attorney can help you understand the charges and advise you during police questioning so that your rights are protected.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 What Are Miranda Rights? Police must inform arrestees of the following: You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning.
If you cannot afford a lawyer, one will be appointed for you if you so desire. Miranda v. Arizona Police arrested Ernesto Miranda in connection with a kidnapping and rape.
After the police questioned him for two hours, Miranda signed a confession. The prosecution used his confession as evidence at his trial, and Miranda was convicted. His appeal of the conviction went all the way to the U. Supreme Court. For instance, police might wait until the official interrogation at the police station to officially read your Miranda Rights for the record.
However, if you made a statement prior to being placed in custody, such as during a field inquiry, then you are not protected by the Miranda requirement and testimonial evidence is admissible.
Miranda Rights are only required when a person is placed in custody, meaning an official arrest or a situation where an average person would believe he is not free to leave. Or when an officer makes further attempts to re-interrogate you after you have previously invoked your Miranda Rights. Regardless, in custody v. Accordingly, it is wise to ask a lawyer about this distinction in a case where a statement to the police was made.
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Practice Areas. Criminal Defense.
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