If you've ever watched a movie or TV show that features an arrest, you likely heard the Miranda rights read. However, you may be wondering how these rights apply to your case, especially if you were recently questioned by the police. Before speaking with your lawyer, learn more about your Miranda rights and when they're relevant.

Common Questions About the Miranda Rights

What are the Miranda rights?

Your Miranda rights include your right against self-incrimination and your entitlement to counsel, which are rooted in the Fifth and Sixth Amendments. These rights also protect you from police coercion and assure you of your right to a fair trial, even if you have little to no knowledge of the legal system.

Additionally, the Miranda warning informs you that you have the right to remain silent, your words can be used against you in court, and you have the right to a lawyer—either a court-appointed one or one that you hire.

When should the Miranda warning be recited?

Your Miranda rights should be read to you before any custodial questioning about your activities related to a crime. As such, police officers don't have to read the Miranda warning if they're interrogating you, unless you're under arrest. Once you're in their custody and they're starting a formal interrogation, the warning must be read. However, this rule excludes situations where the police or the public is in imminent danger, and officers must start asking questions without reading the Miranda rights.

What happens if the arresting officer fails to recite them?

The police can ask you questions during custodial interrogations, even if you're not read your Miranda rights. However, your answers aren't likely to be used as evidence during your trial. Exceptions to this include questioning during dangerous situations, tangible evidence obtained during interrogation, and the discovery of another witness.

Can you waive your Miranda rights?

You can waive your rights, but this is often not advisable. If you choose to speak with the police without a lawyer, understand that anything you say will be admissible in court. Nevertheless, you can plead the Fifth if you change your mind and wish to stop answering questions, or you realize you want to have a lawyer after all.

If your Miranda rights were violated, speak with an experienced criminal defense lawyer from The Law Offices of H.A. (Alec) Carpenter IV in Greensboro, NC. Since 1997, this law firm has been providing clients with reliable representation when it comes to criminal law, personal injury, driving offenses, and other practice areas. Call them today at (336) 333-5255 to schedule your free initial consultation, or visit their website to get in touch online.