What Are My Miranda Rights?

In the realm of criminal law, understanding your rights is vital. The Miranda Rights have become among the most important rights given to individuals in the United States. Named after the Supreme Court case Miranda v. Arizona (1966), these rights serve as a shield against you giving information that will suggest your involvement to try to ensure your fair treatment within the criminal justice system.

Miranda Rights, also known as Miranda Warnings, is a set of rights that law enforcement officers are required to inform individuals of when they are subjected to custodial interrogation. These rights come from the Fifth Amendment to the United States Constitution, which protects individuals from giving information about their involvement, or self-incrimination, and the Sixth

Amendment, which guarantees the right to an attorney.

The Miranda Warning includes the following elements:

You have the right to remain silent: This informs individuals that they can refuse to answer any questions asked by law enforcement. It is best to not talk at all, or even make faces or gestures.

Anything you say can and will be used against you in a court of law: Individuals must be aware that any communications they make while in custody can be used as evidence against them in a court of law.

You have the right to an attorney: Individuals have the right to have a lawyer present during questioning.

If you cannot afford an attorney, one will be appointed to you: If an individual cannot afford a lawyer based on an affidavit of indigency, one will be provided to them at no cost.

Entirely too often, my clients waive their rights and speak to law enforcement. Regardless of how innocent you are of whatever you are being accused of, YOUR WORDS WILL BE USED AGAINST YOU. I advise embracing the rights the Supreme Court of the United States has granted us all in their decision and not waiving your Miranda Rights.