If you’re ever stopped by the police, you have certain legal rights that protect you from forceful and coercive police behavior. Whether you’ve been pulled over for speeding or suspicion of DUI, the Miranda Warning is one of the cornerstones in place to prevent intimidation by law enforcement. Here are answers to some of the most frequently asked questions about your Miranda rights. 

FAQs About Miranda Rights

What are Miranda rights?

An individual’s Miranda rights include the right to remain silent, as anything they say may be used against them in court. They also have the right to an attorney — either one they hire or one provided by the court.

When must a police officer read a person their Miranda rights?

A police officer is required to read a person their Miranda rights when performing an arrested and before they question the individual. The Miranda rights are delivered through the well-known Miranda warning, which begins with the words, “You have the right to remain silent.”

Are you still under arrest if the officer failed to read you your Miranda rights?

There are certain crimes that you can be arrested for that won’t lead to an interrogation. Whether it’s a minor traffic stop or a DUI, the officer may not need to ask questions to obtain more information about what occurred. 

What qualifies as an interrogation?

An interrogation occurs when a police officer asks questions of a person arrested or suspected of a crime to get answers about the incident. For instance, if a person is stopped on a DUI suspicion after running a red light and a noticeable odor of alcohol, and the officer asks them how much they’ve had to drink today, this qualifies as an interrogation.

What’s a spontaneous statement or utterance?

When a person suddenly reacts verbally to a startling event or injury, it is generally considered a spontaneous statement or utterance. In legal situations, the statement is an exception to the hearsay evidence rule. This guideline prohibits introducing court evidence of statements made that lacked planning and, as a result, may not be truthful. 

Should I waive my Miranda rights?

The choice is generally up to you. There may be legal consequences if you opt to waive your Miranda rights. It’s best to consult with an experienced attorney for guidance. 

Monteleon Law Group in White Plains, NY is a staunch defender of your legal rights, including your Miranda rights. Serving all of Orange County, the law firm always strives to provide clients with the best legal advice on local, state and federal matters. Should you ever need their representation in a DUI, car accident, or slip and fall case, call (914) 840-2529 for a consultation. Visit their website for details on the firm’s areas of practice.