Do you know what Miranda rights are? Miranda rights offer protection for a person in police custody. If you’re arrested, the police are required to tell you that you have the right to remain silent and the right to speak to a lawyer.
Where Miranda Rights Come From
The concept of Miranda rights comes from a 1966 case called Miranda v. Arizona. The Supreme Court decided that the police must advise people of their rights before they can ask them questions. This is to make sure that people understand they don’t have to say anything to the police.
When Miranda Rights Come into Play
Miranda rights only apply when you’re in police custody. If you’re in custody and the police want to question you, they’re required to read you your Miranda rights. If you’re not in custody, the police don’t have to advise you of anything. If you’re being detained, however, the police have to read you your rights.
A traffic stop does not automatically mean you’re in police custody. But, if the police suspect you’ve committed a crime, they can arrest you. At that point, they’re required to provide a Miranda warning.
Make the Right Call
If you’ve been charged with a crime, it’s important to talk to a lawyer to see if your rights were violated. If the police didn’t read you your Miranda rights, it could mean that certain evidence should be excluded.
If you have any questions about Miranda rights, give us a call at 317-632-3642 and remember—always plead the 5th!
