What are the "Miranda" Rights?
In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, requiring that whenever a person is taken into police custody, he or she must be told of their Fifth Amendment right not to make any self-incriminating statements before being questioned. As a result of the Miranda Rights any person in police custody must be told four things before being questioned:
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be appointed for you.
What If the Police Fail to Advise Me of My Miranda Rights?
When police officers fail to read your rights any statement or confession made is presumed to be involuntary and cannot be used against the suspect in a criminal case. Any evidence discovered as a result of that statement or confession will likely be thrown out of the case and may not be held against you.
In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, requiring that whenever a person is taken into police custody, he or she must be told of their Fifth Amendment right not to make any self-incriminating statements before being questioned. As a result of the Miranda Rights any person in police custody must be told four things before being questioned:
1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be appointed for you.
What If the Police Fail to Advise Me of My Miranda Rights?
When police officers fail to read your rights any statement or confession made is presumed to be involuntary and cannot be used against the suspect in a criminal case. Any evidence discovered as a result of that statement or confession will likely be thrown out of the case and may not be held against you.
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