MIRANDA RIGHTS

In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona, that individuals who are under arrest for suspicion of having committed a crime have certain rights that must be explained to them before any questioning may occur.

These rights are designed to protect your right to be free from self-incrimination under the Fifth Amendment to the U.S. Constitution. There are five different rights, known as the "Miranda Rights":

• You have the right to remain silent and to refuse to answer questions.
• Anything you do say may be used against you in a court of law.
• You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
• If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
• If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

Miranda rights must only be read when an individual is in police custody and is under interrogation. Therefore, if the police stop you to give you a traffic ticket, and you start explaining to them why you were speeding, you cannot later protest that you were not read your Miranda rights.

While the police may have been "interrogating" you in a certain sense, you were not in police custody unless your freedom of action was curtailed to a degree associated with formal arrest; see your state laws for a definition of police conduct that would be associated with formal arrest.

In any event, the best course of action when interacting with the police is to be polite, but refuse to answer any questions other than your name. While you should cooperate, there is no reason to give them any more information than necessary, or put yourself at risk to make a statement that will incriminate you presently or at a later time.

For more information about Bradley Johnson Attorneys, or to contact us about your case, click here.