The Miranda warning is a common feature of many police TV shows and movies, usually used as a sign that a suspect is being placed under arrest. However, these statements are much more than a dramatic trope and actually represent a cornerstone of criminal law in the United States. Understanding the purpose of the Miranda warning and when to call a defense attorney can be key to achieving the best possible outcome if you’ve been accused of a crime.

What Are the Miranda Rights?

Before detaining or placing someone under arrest, police are required to inform them of their Fifth Amendment right to remain silent during questioning. They must also tell suspects that they have the right to an attorney and that one will be provided by the state if they cannot afford one.

What Is the Origin of the Miranda Warning?

In 1963, Arizona police arrested and interrogated Ernesto Miranda for over two hours, after which he confessed to kidnapping and rape. At no point during the interrogation was the defendant informed of his Constitutional right to remain silent or have a defense attorney present during questioning. This confession was admitted at trial, resulting in a conviction and a sentence of 20–30 years for each count. The U.S. Supreme Court overturned the conviction three years later in a landmark decision that affirmed the right for people arrested to be informed of their rights.

What Happens if Police Don’t Recite the Miranda Warning?

In movies and television shows, defendants are immediately released if the police fail to read them their rights. While the effects in real cases aren’t that extreme, skilled defense attorneys might be able to have any statements made to police or evidence collected excluded if the officers neglect to read the Miranda warning.

For over 35 years, Lane K. Bennett, Attorney at Law, has protected the rights of defendants throughout Montana’s Flathead Valley. No matter what charges you’re facing, this accomplished defense attorney will provide the aggressive representation it takes to achieve the best possible outcome. Visit their website to learn more about the types of cases they handle, or call (406) 752-7300 to schedule a consultation with an accomplished defense attorney today.