Miranda Warnings
Many people whom we represent believe that if the police do not read them their Miranda rights when they are arrested, their cases will be dismissed. That belief is incorrect. In fact, voluntary statements made to police may be used against you at trial even if Miranda warnings are not given.
Miranda warnings inform you of your basic rights when you are arrested. These rights include:
• the right to remain silent • anything you say can be used against you at trial • you have the right to an attorney and to have your attorney present during questioning • if you can't afford an attorney, one will be appointed for you
Miranda warnings only apply to police questioning when a suspect is in their custody. You can be in police custody without being formally arrested if you are deprived of your freedom in a significant way.
If the police do not provide Miranda warnings to a suspect in their custody, any statements made by the suspect during police questioning are not admissible at trial and this may extend to evidence obtained as a result of the questioning in violation of Miranda.
If you are arrested or questioned by police, it is probably in your best interest to decline to answer any questions until you have received advice from an attorney.
- 1 year ago
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