What are Your Miranda Rights?
Most people are familiar with the concept of the police having to read someone their rights due to the popularity of crime TV shows and movies. Unfortunately, that is not always the case. The real issue is whether any statement made is voluntary. If police provide Miranda warnings to you, your statements are presumed voluntary.
Whether police advise you of your Miranda rights/warnings, you should know that you do have the following rights:
- Right to remain silent;
- Anything you say can be used against you in a court of law;
- Right to consult with an attorney and have that attorney present during questioning by police;
- Right to have an attorney appointed for you if you cannot afford one;
- Right to refuse or stop a police interview at any time.
However, if a person is not arrested or otherwise being subject to a custodial interogation, no Miranda warning is required – and if that person is later charged with a crime, whatever they said to the police can be used against them at trial.
Police frequently will try to engage you in conversation over the telephone…NO warnings are needed because you are not arrested or in custody. You should refuse to answer any question and contact a lawyer immediately when police are trying to obtain statements from you by telephone.