Miranda Rights (also known as “Miranda Warning”)
United States law requires that the police advise you of certain rights, know as “Miranda Rights” or the “Miranda Warning”, prior to them questioning you. The following is a standard Miranda Warning:
“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 be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
After you have been taken into custody, the police are required to read you the Miranda Warnings before they question you. Custody essentially means you have been arrested- it can be when you are actually in the jail or police precinct, or even at the scene of the incident, as long as the police have restrained your ability to move freely. Georgia law says that if a reasonable person would believe that they are under arrest, then an arrest has occurred. It is important to remember that if are not in custody or under arrest, the police are not required to give you Miranda Warnings before speaking with you. Of course, you always have the right to remain silent.
The purpose of the Miranda Warnings is to insure that a person charged with a crime understands certain fundamental rights, such as the right to remain silent. Regardless of whether you have been arrested or if the police are just investigating an incident and want to ask some questions, you are not obligated to speak to the police. You have a constitutional right to remain silent. If the police fail to advise you of your Miranda Rights before questioning you in violation of the law, then the information and answers you provide them may be inadmissible in Court.
October 3rd, 2008 | Category: Criminal Defense
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