What are the Miranda Rights? - Introduction

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” – The Miranda Warning

The Miranda Warning is a crucial legal safeguard designed to protect individuals' rights during police interrogations. It informs suspects of their fundamental legal protections, ensuring a fair legal process.

The History of the Miranda Warning

The Miranda Warning comes from the 1966 Supreme Court case Miranda v. Arizona, which established that suspects must be informed of their rights before police questioning. This procedure not only protects defendants but also helps law enforcement preserve the admissibility of statements made by those who waive their rights.

What the Miranda Warning Must Include

While the exact wording varies, the Miranda Warning must inform defendants of the following:

• The right to remain silent.

• The right to an attorney.

• The right to a court-appointed attorney if they cannot afford one.

• A warning that anything they say can be used against them in court.

If a defendant waives these rights, any statements made can be used by the prosecution in court.

Why These Rights Matter

• Right to Remain Silent: Protects individuals from making statements that may be misinterpreted or used against them.

• Right to an Attorney: Ensures defendants have a legal expert guiding them through the justice system.

• Right to a Court-Appointed Attorney: Guarantees legal representation for those who cannot afford private counsel.

  
  

Conclusion

Many defendants underestimate the importance of their Miranda rights, sometimes to devastating effect. If you are arrested, protect yourself by remaining silent and requesting an attorney before answering any questions.

If you or a loved one has been arrested or is facing charges, contact our office at 816-787-1979 to discuss your case with an experienced attorney.