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Understanding Your Miranda Rights During An Arrest

Updated: Apr 8

In the case that you're arrested, it is important to understand your Miranda rights ahead of time. Being arrested can be a tense and confusing situation to find yourself in, but amid the chaos, it is crucial to understand your rights to ensure that you are treated fairly and that your arrest is conducted legally. One of the most fundamental rights you possess if you're taken into custody are your Miranda rights.


What Are Miranda Rights?

Under the Fifth Amendment of the United States Constitution, you are guaranteed specific rights during an arrest. Your Miranda rights include:


  • The Right to Remain Silent: When you are taken into custody, you have the right to remain silent and refrain from answering any questions asked by law enforcement officers. Remaining silent may help you avoid self-incrimination since anything you say can be used against you in court. If you would like to exercise your right to remain silent, it is important to clearly state that you wish to exercise this right and will refrain from answering anymore questions without the presence of an attorney.


  • The Right to an Attorney: Under the Fifth Amendment, you also have the right to an attorney. If you are unable to afford an attorney, one will be appointed to you. It is important to note that you can request to consult with an attorney at any point throughout the legal process.

When Are Miranda Rights Required by Law?

It is required for law enforcement officers to read individuals their Miranda rights before conducting a custodial interrogation. A custodial interrogation occurs when an individual is in police custody or is deprived of their freedom in a significant way. Miranda rights must also be read when an individual is subjected to questioning that may result in self-incriminating responses. However, Miranda rights do not need to be read in situations where there is not an interrogation. This includes circumstances such as traffic stops.


What Happens if Miranda Rights Are Violated?

If a custodial interrogation is conducted and the individual hasn't been read their Miranda rights, then that is a violation of the Constitution. Failure to properly inform an individual of such rights may result in any statements or evidence found to be deemed inadmissible in court. Failure to be inform an individual of their Miranda rights doesn't mean that charges will be dismissed, but may impact what incriminating evidence can be used against you in court.


Conclusion

Understanding your Miranda rights is essential when facing arrest or custodial interrogation. By having an understanding of this legal protection, you can ensure fair and just treatment. If you're facing an arrest, try to document any failure by law enforcement to provide Miranda rights. If you feel as though your rights have been violated, contact Brinkley Law at 317-643-1813.


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