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Miranda Warnings

The Miranda warning or “Miranda Rights” is commonly given by police to an individual or criminal suspect who is held in police custody before asking them questions pertaining to the crime. The Miranda Rights gives the suspect the right to not answer questions that would self incriminate and to have a lawyer present before answering any questions.

Do I have to answer a police officer’s questions if I am NOT under arrest?

Unless you are placed under arrest by the police officer you do NOT have to answer any questions pertaining to the crime. However, if you are stopped while you are walking or driving, and the police officer asks you for identification, it is best for you to provide that information. Police officers are allowed by the courts to detain individuals for an extended period of time in an effort to determine a person’s identity.

Must a police officer always read the Miranda Rights before asking any questions?

No. The Miranda warning is only used when a person is placed under arrest or in custodial interrogation. This means that the person who is being questioned is in actual custody or in an environment where they may be questioned.

If I am in custody, how do I assert my right to remain silent?

By politely saying “I want to speak with a lawyer” or “I wish to exercise my Miranda rights” is the perfect way of asserting your right to remain silent. If the police officer continues to ask questions, then the police officer has violated your 5th and 6th amendment rights. Anything that is said after that can be inadmissible in court.

Can I waive my Miranda Rights?

Yes, you can waive your Miranda Rights and choose to speak to police officers but all statements made can be used against you.

But the police officer said that if I talked, he would help me out.

Unfortunately, police officers have no control over what happens to a suspect after being arrested. It’s up to the Minnesota or federal prosecutor handling your case, possibly a jury, and the trial judge who will determine your fate. Speaking to the police officer after being advised of your Miranda rights is no guarantee for a favorable outcome. If you are arrested and accused of a crime, it is best not to talk with anyone other than your criminal attorney. This allows the lawyer for a much easier defense. Before you talk with anyone, contact DWI criminal defense lawyer cl for legal advice.

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