Many lawyers will tell you to never talk to the police unless your own lawyer is present. ![]() In fact, the police may postpone an arrest specifically so that they can question a person of interest – and possibly obtain incriminating statements – without having to read that person’s rights. Instead, the police have to read your Miranda rights to you only if you are in their custody and they are about to interrogate you. If you have not been placed under arrest, whatever you tell a police officer may be used against you, but the police are not required by law to tell you that. However, the law only requires law enforcement officers to read your Miranda rights in the period after your arrest but prior to any formal police questioning. No one, ever, is obligated to answer questions asked by the police. ![]() Miranda rights apply to everyone at all times. It’s better to resist any impulse to explain yourself, and instead, let your defense lawyer do the talking on your behalf. They know how to exploit a suspect’s fears and uncertainties to obtain incriminating statements. Police interrogators are trained and usually quite experienced. Some people may think they can talk their way out of anything, but you are not going to “win” a police interrogation. Since that ruling, the police have been obligated to read a suspect’s Miranda rights, but only after placing the suspect under arrest and prior to interrogating the suspect. In that decision, the Supreme Court determined that the legal rights of Ernesto Miranda had been disregarded by Arizona police during and after his arrest on felony charges. The phrase “Miranda rights” is derived from the 1966 U.S. If you cannot afford an attorney, one will be provided for you.” What is the History of Your Miranda Rights? Anything you say can and will be used against you in a court of law. If you are in custody and about to be questioned, these rights must be read to you: “You have the right to remain silent. The Miranda warning advises suspects of their right to remain silent and their right to refuse to answer questions or provide information to law enforcement officials. ![]() You will need to contact that attorney as quickly as possible, and you will also need to insist on – and exercise – your legal and constitutional rights.Ī “Miranda” warning is the warning that is read by the police to criminal suspects who are in police custody. If you are charged with a crime in Southern California, you must be advised and represented by a Los Angeles criminal defense attorney.
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