Knowing Your Miranda Rights

In 1966, the monumental case of Miranda v. Arizona determined that anyone arrested has certain rights. Additionally, the police are compelled to warn each person they arrest of these rights. This helps to protect citizens from self-incrimination.

What Are Your Miranda Rights?

The statement that law officials recite to a detained person is supposed to give the suspect an idea of his or her rights. These rights are originally outlined in the Constitution and the Bill of Rights. Basically, the law enforcement should give the following facts:

• 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 a lawyer, and to have the lawyer with you during questioning.
• If you cannot afford to pay an attorney for his services, the government will provide one for you at government expense.

When Miranda Rights are Important

Miranda Rights are given to people who are under arrest. If someone is not actually in police custody, he or she does not have to be read the rights. Miranda Rights are most important when the detainee is questioned by the police.

Voluntary Statements

If a person under arrest gives a voluntary statement, those words can be used in a court of law. However, for a statement to be counted as voluntary, it cannot be issued under deliberate questioning by the law officials. The police cannot force a detainee to admit a voluntary statement because it is given freely by the person under arrest after he or she has been made aware of his/her Miranda Rights.

Contact Us

If you or someone you know needs more information regarding your Miranda Rights or jail release, please contact Austin jail release lawyer Ian Inglis at 512-472-1950.