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All You Need to Know About the Miranda Warning

Posted on in Criminal Defense

Campbell County criminal defense attorney

Whether you are pulled over, arrested, and taken into custody for a DUI or some other crime, you will want to know about the Miranda Warning. It is a key component of a police officer’s proper custodial procedures and must be followed in the correct sequence and responded to with the appropriate measures in order to ensure your Fifth Amendment rights are not violated. In addition, if you pay close attention to the Miranda Warning for your case, you might be able to help your criminal defense lawyer build on his or her strategy in defending you. 

What Is the Miranda Warning?

The Miranda Warning is a statement that arresting officers must read to you if they take you into custody and intend on questioning you. It reads as follows:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

You are only ever required to be read the Miranda Warning before you are interviewed after being taken into custody. This means that you do not need to be “Mirandized,” or read your Miranda Rights, if you are simply pulled over for speeding or the like. Even if you are taken into custody, you do not necessarily need to be read the Miranda Warning because you might have yet to be interviewed or interrogated by the police. Until you are actually asked questions about something other than the usual factual information (most of that which might already appear on your driver’s license, such as your name, age, home address, and the like), you will not be required to be Mirandized. In other words, you can be taken into custody and never read your Miranda Rights if you do not end up being interrogated.  

When Will You Know If Your Miranda Rights Have Been Violated?

There are a few easy ways to tell if your Miranda Rights have been violated. Some of the simplest examples include:

  • The arresting officer asks you questions about the crime in question without reading you your Miranda Rights.

  • The police interview you while in custody after you have been read your Miranda Rights; however, sometime prior to being questioned or while being questioned, you ask to plead the fifth, remain silent, or see your lawyer, and yet the officers continue to question you. The moment you do any of those things, the police must immediately stop questioning you. 

  • You waive your Miranda Rights and then later change your mind. You are permitted to change your mind and can remain silent after waiving your rights initially. If the police say that is not true and persist with their questioning of you, then they are violating your Miranda Rights, which in turn violates the Fifth Amendment, causing you to possibly incriminate yourself.

There are many other ways the police might be violating your Miranda Rights while you are in custody for a DUI arrest or other arrest. An experienced criminal defense attorney can help you determine whether those rights were violated, which could help your case if the police did not follow proper Mirandizing procedures.

Contact a Campbell County DUI Defense Lawyer

If you are ever arrested and taken into custody, pay very close attention to the Miranda Warning. The incorrect application of it, timing of it, or absence of it could help your case. Regardless of what happens, if you are arrested for DUI or some other crime, call a diligent Jacksboro, TN criminal defense attorney at 423-449-7980 to arrange a free consultation. The knowledgeable legal professionals at the Law Office of William F. Evans will skillfully defend your rights to a fair outcome. 

 

Sources:

http://www.mirandawarning.org/whatareyourmirandarights.html

https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona

https://www.uscourts.gov/sites/default/files/mirandawarningfinal.pdf

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