What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answering any questions. If I am not under arrest, do I have to answer a police officer's questions? No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for extended periods of time in an effort to determine the identity of the individual.

Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave. Also, the questions being asked, even if in custody, must be the type of questions that could elicit an incriminating response. In other words, even a person arrested does not have to read their Miranda warnings prior to the officer asking them their name, address and other biographical information.

If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only make a clear unambiguous statement requesting an attorney and all questioning must stop. If the police continue to question the suspect, the police have violated the suspect's 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.

Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court. "But the police officer said that if I talked, he would help me out!" This is something police officers say sometimes. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge respectively. It is only the prosecutor who can negotiate with your attorney on what sentence you ultimately receive and even then, it is up to the judge whether to approve the sentencing agreement. (Plea bargain).

Back to FAQs