What Are Your Miranda Rights?

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Were Your Miranda Rights Violated? Learn What To Do If Your Miranda Rights Were Violated

Your Miranda Rights - What You Need to Know

Many people accused of crimes are not advised of their Miranda rights when they are arrested. So what is the impact of a failure by the police to read you Miranda rights? What are your Miranda rights? When must the police read you your Miranda rights? When your Miranda rights are not read to you can you have your case dismissed? What will happen to your case if your Miranda rights are violated?  

The Miranda rights cases say that if you are under arrest the police must advise you of your Miranda rights before they can ask you any incriminating questions.  

Before any questioning of a person in custody that person must be advised of the following Miranda rights:

1. You have a right to remain silent.
2.   Anything you say can be used against in court.
3.   You have the right to the presence of an attorney.
4.   If you can’t afford an attorney one will be provided free of charge.

My Miranda Rights were Violated - Can my Answers be Used Against Me?

If your Miranda rights are violated your answers may not be used against you. Here are some examples:

Example One:You are under arrest for murder and the police do not advise you of your Miranda rights and then ask you, “Did you shoot the victim” and you state yes and I’d do it again if I could.”  

Because your Miranda rights were violated your admission may not be used against you at trial where you also have a right to remain silent. Of course if you take the stand and deny you shot the victim your admission can be used against you even though you did not receive a Miranda warning. Remember, if you are in custody (not free to leave), you must be advised of your right to remain silent and your right to the presence of your own lawyer or one free of charge if you have no money BEFORE any questioning of an incriminating nature may begin. These are your Miranda Rights.


Example Two: The police stop you and arrest you for DUI. They do not advise you of your Miranda rights, and on the way to the station they ask, “How much have you had to drink?" You say: “I only had three shots of vodka.”  This is a Miranda rights violation.  The admission cannot be used against you because it was obtained in violation of your Miranda rights.


Example Three: The police arrest you for a DUI and don’t advise you of your Miranda rights but they don’t ask you any incriminating questions. Are your Miranda rights violated? In this case no because they didn’t ask you any incriminating questions so your Miranda rights have not been violated.  Remember any time you are being  investigated for any crime, you need only provide your identification and in a DUI case your registration and proof of insurance. Always remember that your Miranda Rights exist, even if they are stated or not stated.  If you answer any questions before you are arrested, you do so at your own peril. This is because your Miranda rights need only be read to you if you are under arrest and are being asked incriminating questions.


Example Four: Your child is suspected of some wrongdoing at school and the police wish to question him. Does he have any Miranda rights? The answer is yes – he or she must be give a Miranda warning before any questions that might provide an incriminating response may be asked. Your child has the same Miranda rights as an adult. In fact a minor’s Miranda Rights have been codified in California. California Welfare & Institutions Section 625 of the Welfare & Institutions Code protects a minor’s Miranda rights as follows:

In any case where a minor is taken into temporary custody on the ground that there is reasonable cause for believing that such minor is a person described in Section 601 or 602, or that he has violated an order of the juvenile court or escaped from any commitment ordered by the juvenile court, the officer shall advise such minor  that anything he says can be used against him and shall advise him of his constitutional rights, including his right to remain silent, his right to have counsel present during any interrogation and his right to have counsel appointed if he is unable to afford counsel.

Remember - Your Miranda rights protect your constitutional right to remain silent; your constitutional right to an attorney; and your constitutional right to equal protection of the law.    

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Los Angeles Criminal Defense
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Los Angeles, CA 90012
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