What Are Your Miranda Rights?

Most people have heard the phrase, “You have the right to remain silent,” but not everyone fully understands what their Miranda rights actually are or when they apply. At Brinkley Law, we want you to know your rights if you’re ever questioned by police.

The Origin of Miranda Rights 

Miranda rights come from the 1966 U.S. Supreme Court case, Miranda v. Arizona. The ruling requires law enforcement officers to inform individuals of their constitutional rights before a “custodial interrogation” meaning, before they question you while you’re in police custody.

What Are Your Miranda Rights? 

If you are taken into custody and questioned, police must tell you:

You have the right to remain silent. You do not have to answer any questions or provide information that may incriminate you.

Anything you say can be used against you in court. This means your statements could become evidence in a criminal case.

You have the right to an attorney. You can ask for a lawyer at any time, even if you cannot afford one.

If you cannot afford an attorney, one will be appointed for you. The state must provide legal representation at no cost if you are unable to pay.

When Do Miranda Rights Apply?

Miranda rights only apply during custodial interrogation. If you’re not in police custody, officers are not required to read your rights. However, if you are detained and questioned, any statements you make without being informed of your Miranda rights may not be admissible in court.

Why Do Miranda Rights Matter? 

Understanding your Miranda rights can help protect you from self-incrimination and ensure you have access to legal counsel. If you believe your rights were violated, an attorney can help defend your interests.

Questions? Contact Us. 

If you or a loved one is facing criminal charges or has been questioned by police, contact Brinkley Law today at 317-766-1379. Brinkley Law will ensure your rights are protected at every stage.