Miranda Rights During an Arrest

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?”

The above statement is known as your Miranda rights. Many people are familiar with the term, even if they do not know the entirety of what the Miranda rights are, and know that the overall statement simply means that if the arrested individual says or states anything about the crime or involving anything to do with the crime, the police can bring it up in court and use it against them to gain a conviction. Many people are under the impression that a police officer must read the Miranda rights to the party in question before an arrest can ever be made. This is not true, as an officer conducting pre-arrest questioning can ask any questions that he or she likes, and although the individual who is being question has the right to remain silent or “please the fifth” anything that the individual says about the crime or involving the crime can still be held against him or her.

When you are being arrested, the police officer does not have to read you your Miranda rights, unless he or she intends to question you about the suspected crime at that moment. A police officer may also choose to not read the Miranda rights to you if others could be in danger, so if a police officer asks if you or someone else is armed, this may still be brought up in court legally. However, after you are arrested, the Miranda rights must be read to you before any type of questioning about the suspected or alleged crime can take place. If this is not done, the police cannot bring the evidence up in court. It is always your best option to remain silent until you have an advisor or criminal attorney present with you, and the questioning can then be done through the attorney. Anything that you do say after the Miranda rights have been read to you will be used as evidence in court, and can break apart a case for you.

 

Colleen Kirby Attorney At Law
5052 Dorsey Hall Drive #220
Ellicott City, MD 21042
(410) 441-5005

 

Travis J. Tormey Esq.
Phone: (201) 556-1571
Fax: (201) 556-1572