question.jpgIn Criminal Law

What are Miranda rights?

Basically, once someone is arrested for probable cause of a crime, law enforcement officials are required to provide Miranda warnings, informing a suspect of his/her Fifth Amendment right to remain silent and Sixth Amendment right to have a lawyer present during questioning. Thus, before questioning can begin, a police officer must inform a suspect of the following statements: You have the right to remain silent; anything you do or say can be used against you in a court of law; you have a right to consult a lawyer and/or have the lawyer present during questioning; if you can’t afford a lawyer, one will be provided for you; and should you choose to talk to a lawyer, you have the right to stop the interview at any time.

The right to Miranda warnings is triggered as soon as a suspect is put into custody - and it doesn’t matter where that is, be it at the place of the crime, in jail, at a theme park, or even in your house. If you are not free to leave - beyond the need for a pat down search triggered by reasonable suspicion - then you are in custody, and Miranda warnings should be given.