Category: Criminal Defense

March 31, 2016

Know Your Rights: The Truth Behind Miranda Warnings

Under Miranda, before questioning suspects in custody, law enforcement officials must inform suspects that: (1) they have the right to remain silent; (2) their statements may be used against them at trial; (3) they have the right to the presence of an attorney during questioning; and (4) if they cannot afford an attorney, one will be appointed for them. There are no other additional warnings required under the rule. Generally speaking, Miranda warnings are not required where the individual makes statements during a consensual encounter. Miranda warnings are only required when an individual [...]