Miranda Rights

January 15, 2013

Anyone who has watched a police television show has heard Miranda rights being read to a person. However, many people may not know exactly what they include or when they apply. The Supreme Court created Miranda rights in the court case of Miranda v. Arizona. Each defendant must be advised of the following items:

  • A person has the right to remain silent
  • Anything that an offender says can and will be used against him in a court of law
  • Each offender has the right to an attorney
  • If a person cannot afford an attorney, the state will provide an attorney
  • If a person asks for an attorney during police interrogation, the questioning must stop until an attorney appears

While the substance of all Miranda warnings are the same, the police do not have to recite the rights in any particular order or with any particular word choice. Further, most officers will ask offenders if they understand the Miranda warnings.