Miranda Warning

The Miranda Warning, which was ordered by the U.S. Supreme Court in Miranda v. Arizona, outlines the rights of a criminal defendant if they are arrested, taken into custody and are going to be interrogated. The Miranda Warning, which must be given by the police to the defendant under the conditions outlined above, state "that the defendant has the right to remain silent, anything the suspect does say can and may be used against them, they have the right to have an attorney present before and during the questioning, and they have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning."

Many defendants misunderstand when they must be read their Miranda Warning, thanks to numerous criminal dramas. You do not have to be read your rights at the time of your arrest. You must, however, be read your rights if you are in custody and you are going to be interrogated, although the interrogation does not have to be done at the police station.

If you have been arrested and you are interrogated it is generally a good idea to politely refuse to answer questions until you have spoken to a criminal lawyer. The Fifth Amendment to the U.S. Constitution guarantees the right to silence, and it can be a good idea to assert these rights. If you believe your Miranda Warnings should have been read and were not, discuss your concerns with your lawyer and determine if the information you provided can be used against you.