What Are Your Miranda Rights?

The wording used when a person is read the Miranda Warning, also known as being
‘Mirandized,’ is clear and direct:

“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 an attorney. If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak
to me?”
An Explanation of Your Rights

  What exactly does it mean when an officer says, "You have the right to remain silent?”
  Please explain the phrase: "Anything you say can and will be used against you in a court
of law."
  Please explain the phrase: "You have the right to an attorney. If you cannot afford an
attorney, one will be provided for you."
  What If a Person Wasn't Read Their Rights?
  Waiving Miranda Rights Explained
  What is the difference between Miranda Rights and Miranda Warning?
  What is an Interrogation?
  When are police required to read the Miranda Warning?
  Are there exceptions to when the officer needs to read Miranda Rights?

Questions? Click here to send us your questions today.

Some police departments in Indiana, New Jersey, Nevada, Oklahoma, and Alaska add the
following sentence:

“We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when
you go to court.”

The suspect must give a clear, affirmative answer to this question. Silence is not acceptable as
waiving these rights because the arrestee may not understand or may not speak English as his or her
first language. If the Miranda Warning must be translated to the suspect, that translation is usually
recorded.

Invoking Your Miranda Rights

If the individual indicates in any manner, at any time prior to or during questioning, that he or
she wishes to remain silent, the interrogation must cease. If the individual states that he or she
wants an attorney, the interrogation must cease until an attorney is present. At that time, the
individual must have an opportunity to confer with the attorney and to have him or her present
during any subsequent questioning.

When The Police Must Read Your Rights

It is important to note that police are only required to Mirandize a suspect if they intend to interrogate
that person under custody. Arrests can occur without the Miranda Warning being given. If the police
later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this
rule means less chance of a case being overturned in court due to poor procedure on their part.

If public safety is an issue, questions may be asked without the defendant being Mirandized, and any
evidence obtained may be used against the suspect under these circumstances. The Miranda Warning
is all about questioning and being protected from self-incrimination under the Fifth Amendment, not
being arrested.

The person arrested must still answer questions asked about their name, age, address, etc. They can
be searched in order to protect the police officer. Also, a confession given before a suspect has been
read the Miranda Warning may find that confession entered as evidence in court.

If you have been Mirandized and you waive your rights, meaning you wish to speak to police freely
without an attorney present, you can change your mind at any time and ‘plead the fifth,’ meaning you
no longer wish to answer questions, or that you have changed your mind and wish to have an
attorney present after all.

In some states, juveniles have the right to remain silent without his or her parent or guardian present.

US military branches provide for the right against self-incrimination by providing a form that
informs the suspect of the charges and their rights. They are required to sign the form. Read more
about Article 31 vs. Miranda.

Legal Guidance
Submit your legal questions online to learn more.

Understanding Your Rights

  What exactly does it mean when an officer says, "You have the right to remain silen