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Indianapolis Criminal & OWI Lawyers > Blog > Criminal Defense > Four Important Facts About Miranda Rights

Four Important Facts About Miranda Rights


Most people, if not everybody, has heard about Miranda rights or Miranda warnings. However, the truth is that most Americans do not understand these rights. These rights, which were established in 1966 by the U.S. Supreme Court in Mirand v. Arizona, are meant to ensure fair treatment during police interrogations and safeguard against self-incrimination in violation of one’s 5th Amendment right to remain silent. In this article, we share four crucial facts you need to know about Miranda rights.

#1: Your Miranda Rights

The Miranda Warning is phrased to include several rights, your “Miranda Rights.” These rights are:

  • The right to remain silent
  • The right to consult with an attorney prior to questioning
  • The right to have the attorney present during questioning
  • The right to stop answering questions at any time
  • The right to have an attorney appointed for you if you cannot afford to hire one

The Miranda warnings also explain  that if you choose to speak to the police, anything you say to them can be used against you in court. By remaining silent, you can avoid providing the police with information that could be used against you in court.

#2: Miranda Warnings Apply to In-Custody Interrogations Only

For Miranda warnings requirement to apply, two things must be present: the suspect must be I police custody and subject to police interrogation. The police are only required to read your Miranda Warnings when the person is “in custody” and subject to “interrogation.” “Custody” means that you are not free to leave. “Interrogation” is questioning but Courts have also determined to include actions or statements by police officers aimed at eliciting incriminating answers from suspects.

Many times, when people are interacting with police through out the investigation or arrest process, they make statements. Voluntary statements, and statements made outside of “custodial interrogation” are not covered by Miranda.

#3: The Police Must Stop Interrogating You When You Assert Your Miranda Rights

After being detained by the police and invoking your Miranda rights, the police must stop the interrogation. You can invoke your Miranda rights immediately after receiving the Miranda warning or after answering some questions. Whenever you invoke your Miranda rights, the police must stop interrogating you. However, any statements you made before asserting your Miranda rights can be used against you in court.

#4: If the Police Fail To Read Your Miranda Rights, Your Statements May Be Considered Inadmissible

Statements made when a violation of the Miranda Warning has occurred, are inadmissible and could not be used against you at trial.  This point is vital to note, a Miranda violation does not result in a dismissal of your case.  Only an exclusion of statements made in violation of your Miranda rights.  A Miranda violation does not affect the admissibility of other legally obtained evidence. The prosecution can still pursue a criminal case against you.

Contact an Indianapolis Criminal Defense Lawyer

If you have questions or need help with a criminal case, contact our Indianapolis criminal defense lawyers at Rigney Law LLC.

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