Miranda Rights | PDF | Word | RTF
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Your Miranda rights stem from the Fifth and Sixth Amendments to the U.S. Constitution, which, among other protections, assures your privilege against self-incrimination. If you are detained and interrogated, you must be made aware of this fundamental right to remain silent, as well as the right to consult with a lawyer, and to have an attorney present while you are being questioned. If you are not first informed of these rights, any statement you make cannot be used as evidence in court against you.
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The landmark case that caused this concept to become a formal part of US law was the arrest, interrogation and trial of one Ernesto Miranda. After the Supreme Court overturned his conviction, Miranda was retried. While the results of his initial interrogation could not be used in court, he was nonetheless convicted on other evidence.
Miranda Rights Wording
The Supreme Court has not specifically stated what an officer must say to an individual in regards to his or her Miranda Rights. The wording that has evolved is:
“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?”
It is important to note that the police generally do not have to read you your Miranda Rights, or “Mirandize” you, if you have not been placed under arrest. However, if you do begin to make statements that appear self-incriminating to the officer, he or she will Mirandize you, so that if you are subsequently arrested, those statements can be used in any possible trial.
After the police read you your Miranda Rights, you MUST specifically claim them. There are no specific words to use. Anything to the effect of “I claim my Miranda Rights”, or “I won’t speak to you until I consult an attorney” will do. If you don’t say anything, the police will continue their interrogation, and you might inadvertently say something that is not in your best legal interests.
Once the individual asserts that he or she wants an attorney, any interrogation must cease until an attorney arrives. Even then, it cannot resume until the individual has had a chance to consult with the attorney, who must be present when the questioning resumes.
It is important to note that you cannot be arrested for asserting your Miranda rights. However, the officer still may arrest you, citing Probable Cause, and the fact that you asserted your Miranda Rights can be mentioned during any possible trial.
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