What Are Your Miranda Rights and When Must They Be Read?

Miranda rights are read to a person by a police officer during their arrest. The Miranda warning was created to protect the rights of those questioned by the police in an intimidating or coercive manner in the 1960s.

The police will read a person their Miranda rights if they plan on using the person's answers as evidence at a trial and they are only required to read the rights if they intend to interrogate the suspect under custody.

Essentially, Miranda rights allow a person in police custody to remain silent and have an attorney present for questioning.

What are your Miranda rights?

The Miranda rights are read out as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

"Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"

In Indiana, New Jersey, Nevada, Oklahoma, and Alaska, some police departments will add the following sentence: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court."

Handcuffs
A demonstrator wears handcuffs following his arrest after he took part in a protest against government lockdown measures on May Day during the novel coronavirus crisis on May 1, 2020 in Berlin, Germany. Miranda Rights are read to a person by a police officer during their arrest and were created to protect the rights of those questioned by the police in an intimidating or coercive manner. Getty/Sean Gallup

The suspect must indicate that they understand the rights that have been read to them. To invoke their Miranda rights, before or during questioning, the person should indicate that they wish to remain silent and the interrogation must cease.

Additionally, if the person states that they want an attorney, the interrogation must cease until an attorney is present and the person must be given the opportunity to confer with the attorney and have them present during subsequent questioning.

When can Miranda rights not be read?

According to MirandaWarning.org, there are certain instances in which the Miranda rights do not have to be read: "If they're not really interrogating about an existing crime, they would not read the Miranda rights.

"An example would be a DUI arrest. In that instance, most of the evidence is gathered prior to the arrest; there's really not interrogation after the fact, therefore in many of those cases there is not a Miranda Warning given."

Why are they called Miranda rights?

Miranda Rights are named after Ernesto Miranda who was accused of robbery, kidnapping, and rape and confessed to the crimes during police interrogation. The conviction was overturned due to allegedly intimidating police interrogation methods.

After a retrial with witnesses and evidence, Miranda was convicted again, and this trial was considered fair. The outcome of the Miranda v. Arizona case provided that suspects must be informed of their specific legal rights when they are placed under arrest.