Miranda Warnings: What They Really Are and WHEN They Need to Be Given

You’re likely familiar with police telling someone they have the right to remain silent. These words are part of the Miranda warnings the police must give to anyone they arrest, and they are crucial to protecting your rights. It’s essential to understand what these warnings mean and when law enforcement must provide them. In a real-life arrest situation, these details can have a considerable impact on your case.

Where the Term “Miranda Rights” Comes From

The term “Miranda rights” comes from a landmark case called Miranda v. Arizona. In 1966, the Supreme Court decided this vital case involving a man named Ernesto Miranda, who confessed to a crime without knowing he had the right to stay silent and the right to have a lawyer help him. The Supreme Court ruled that the police must give everyone these warnings before questioning. This decision led to the creation of the Miranda warnings, which police officers must recite to inform people of their rights. That’s why we often hear about Miranda rights in criminal cases.

What Are Your Miranda Rights?

Under the Miranda v. Arizona decision, police must explain certain fundamental rights to individuals before questioning them in custody. These rights include:

• The Right to Remain Silent – You don’t have to answer any questions or say anything that might incriminate you, as what you say can be used against you in court. If you choose to speak, you can decide at any time to stop.
• The Right to an Attorney – You can have a lawyer present during questioning. If you can’t afford one, the government will appoint a public defender for you at no charge. You may ask for a lawyer at any point during the interrogation

These warnings protect your rights and ensure due process in criminal cases.

When Do Miranda Rights and Warnings Apply?

In general, your Miranda rights apply when two conditions are met in a criminal case: you are being taken into police custody, and they intend to interrogate you. This means that if the police take you into custody and start asking questions about a crime, they must first inform you of your Miranda rights.

However, there are exceptions to when the police must give these warnings. For instance, if you are not in custody – for example, if you’re talking to officers at your home or on the street without your freedom of movement being restrained – the police typically do not need to read you your Miranda rights. Also, if you make a voluntary statement without being prompted by police during a routine interaction, such as during a traffic stop, these rights do not always apply.

Have the Police Violated Your Miranda Rights? We Can Help

Proper Miranda warnings are a crucial component of criminal cases in Wisconsin. If the police questioned you without giving you these warnings, an attorney at Cohen Law Offices can help you take action to prevent information the police got through unlawful interrogations from being used against you. Call us at (715) 317-5207 or complete our contact form for a confidential consultation.