What are Miranda Rights?

What are Miranda Rights?

Thanks to television and movies, most people have heard of Miranda warnings given by police officers informing people of their Miranda Rights. Lots of people can even repeat the words off the top of their head: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed to you. Do you understand these rights as I have read them to you?” But what do these warnings mean? Let’s walk through them step-by-step.

The Basics.

Just in case you don’t know, Miranda warnings are given to a person when they are in custody and being interrogated by the police. If the police do not issue the Miranda warning, any evidence gained from the interrogation becomes inadmissible in a court proceeding. These rights are derived from the landmark 1966 Supreme Court case Miranda v. Arizona.

“You have the right to remain silent.”

You do not have to talk to the police. You do, however, have to affirmatively invoke your Miranda rights. Although it sounds counterintuitive, you cannot invoke your right to remain silent by simply staying quiet.

“Anything you say can and will be used against you in a court of law.”

This portion of the warnings lets you know that anything you tell the police can be used against you in court. The police can also use anything you say to go out and get other evidence. Basically, if you do not invoke your right to remain silent, any information you provide will be used to make a case against you.

“You have the right to an attorney.”

All defendants have the right to an attorney in a criminal matter. In the context of Miranda warnings, though, they are telling you that you have the right for an attorney to be present during any interrogation. If you are being questioned and invoke your right to an attorney, interrogation will stop.

“If you cannot afford an attorney, one will be appointed to you.”

If you cannot afford to hire private counsel, a public defender will be appointed to you. To determine whether you can afford an attorney, the court will do a screening process to determine your eligibility. If you qualify for a public defender, their services will be free. You will probably have to pay some court fees, but you don’t have to pay their hourly fees like you would private counsel.

“Do you understand these rights as I have read them to you?”

This last section requires you to confirm that you understand your Miranda rights. You will either need to respond verbally or sign something that shows you understand your rights. If you do not understand your rights, do not confirm or sign anything until you get clarification on whatever it is that you do not understand.

Final Points.

You have these rights for a reason, so invoke them! To invoke these rights, remember to do so verbally and firmly. Don’t just stay quiet, say “I am invoking my right to stay silent.” Don’t say “I think I need a lawyer.” Say “I want an attorney.”

If you have been arrested or need to discuss a pending criminal case, call McNeelyLaw today at 317-825-5110 to talk to an experienced Indiana criminal defense attorney.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.