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What Are My Miranda Rights?

What Are My Miranda Rights?

Miranda v. Arizona (1966) is a fundamental case in American jurisprudence. As you can probably tell by the name, this is where your Miranda rights come from.

The case concerns the admissibility of statements made by various defendants, as there were a string of cases that were consolidated and decided based on the Miranda decision. At the core of Miranda is the 5th amendment protection against self-incrimination. Once a criminal defendant is arrested and subjected to custodian interrogation, or questioning by law enforcement, then that person’s 5th amendment rights are triggered. You’re in custody when you have been arrested or are “otherwise [significantly] deprived of [your] freedom by the authorities”.

What Are My Miranda Rights?

  1. Right to remain silent, which is triggered not by silence but by request
  2. Right to know that any statement made can be used against you
  3. Right to an attorney (retained or appointed)
  4. Right to knowingly and voluntarily waive your Miranda rights

The presence of counsel is a safeguard to the defendant and it is far more likely to reduce the chances of coercion by police officers. Statements made in violation of Miranda protections are inadmissible.

What Happened In Miranda V. Arizona?

Ernesto Miranda was taken into an interrogation room and questioned by two officers. He signed a written statement acknowledging his legal rights. The signed statement was the basis for finding Ernesto Miranda guilty of kidnapping and rape. The Supreme Court ruled that the signed statement was in violation of the 5th amendment. Why? Because Miranda rights had not been read to the defendant.

What Does The 5th Amendment Say?

The 5th amendment to the U.S. Constitution reads:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

What Is ZuppkeLaw?

ZuppkeLaw is a litigation law firm located in Royal Oak, Michigan. If you’ve been charged with a crime, injured by some negligent driver, or are involved in an employment dispute, our law firm is here for you. We have over 34 years of success at trial. When winning is the only option, there’s only one Michigan law firm. ZuppkeLaw. Contact us today.