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When are police required to provide Miranda rights?


Question:  When do the police have to read me my Miranda rights?

Answer:  The police must read individuals their Miranda rights whenever they take someone into custody and are about to question them about a crime.  If the police do not do so, any confession or information a person provides may not be admissible against him/her in court.  The Miranda rights are made up of the following four components (the language need not be exact):

  1. You have the right to remain silent.

  2. Anything you say can and will be used against you in a court of law.

  3. You have the right to an attorney.

  4. If you cannot afford an attorney, one will be appointed for you

It should be noted that, even if the police do not read a suspect their Miranda rights, they may still arrest them, and forms of evidence other than a confession can still be used against them at trial, such as evidence obtained in a search.

An experienced defense attorney is in the best position to identify any issues relating to police questioning and provide advice for a suspect or criminal defendant.


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