Understanding Miranda Rights

Miranda rights are also referred to as a Miranda warning. These are read to a criminal suspect that is in the custody of the police before they are asked any questions that may result in them admitting they are guilty to any crime that has been committed.

Keep in mind, the police do have the right to ask for certain types of information from a suspect without them being taken into custody and before the police issue the suspect their Miranda Rights. After the Miranda Rights have been read, the suspect has the option to talk, but they have the right to say nothing, or remain silent.

Questions that can Be Asked Before the Miranda Rights are Read

The questions that police officers have the right to ask before reading a suspect their Miranda Rights include the following:

  • The person’s name
  • Their date of birth
  • Their home address

History of the Miranda Rights

Miranda rightsThe Miranda Rights were initially created in the United States back in 1966. This decision was made after the court case of Miranda vs. Arizona. With this case, citizens rights were defined regarding the protection of a criminal suspect’s 5th Amendment rights. This gives them the right to avoid self-incrimination when they are being arrested. After the ruling made by the Supreme Court, it was not specified that the precise wordings had to e vocalized, but the court did establish certain guidelines that had to be followed.

Facts About the Miranda Rights

When the Miranda Rights are being read to a criminal suspect, they don’t have to be read in any specific order. They also don’t have to precisely match the language that was established in the Miranda decision. What is required is that when the rights have been read, that they are fully and adequately conveyed to the person who is being arrested for a criminal act.

Common Parts of the Miranda Rights

Sone of the most common things heard when the Miranda Rights are read include the following:

  • The right to remain silent and that anything a suspect says will be used against them.
  • The right to an attorney during the questioning process.
  • If the client is unable to afford a lawyer, they will have one appointed.

At the end of the reading, it is necessary that the arresting officer asks the suspect whether or not they understand the rights. There are some states that have added statements at the end of the rights, depending on the situation.

Answering the Miranda Rights

When a person is arrested, they will be required to provide an affirmative answer to the last stamen. When the provide this, they wave their rights to the arresting officer. If the person answers “no” to the question, then the Miranda Rights have to be read again to make sure the suspect understands them. If the person waives their rights, the arresting officer can begin questioning the; however, if they don’t waive their rights, no questions can be asked until the suspects attorney is present.

More information about Miranda Rights and what to do when facing criminal charges can be found by contacting the attorneys at The McDaniel Law Group, PLLC by calling 202-331-0793.

Additional Reading

Potential Misdemeanor and Felony Penalties in Washington DC

Civil vs. Criminal Assault and Battery Charges