THE MIRANDA RIGHTS

• You have the right to remain silent

• Anything you say may 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 by the
court.

 

The right to stay silent is also called the "privilege against
self-incrimination." It means that you cannot be forced to say or write
anything that might be used to prove you are guilty of a crime.

The right to an attorney means that you are entitled to have a lawyer
present to help you during police questioning, line-ups, hearings, etc.
Having your lawyer present during interrogation will help you use your
right to remain silent.

When a court appoints an attorney for you because you can not afford
one, that lawyer is usually a public defender or panel attorney

If you invoke your right to remain silent or the right to an attorney,
the police have to stop questioning you.

Law enforcement agents are only required to read you your rights if
both:

you are under arrest AND they want to ask you questions

So if the officers have not arrested you yet, they can ask you
questions without reading you your rights, and your statements will
still be used against you in court. For example, during a conversation
or a detention, the police do not have to read you your rights. As you
can guess, a smart cop may try to get all his questions answered before
officially arresting the suspect.

Who must read the MIRANDA rights to a Suspect?

Both federal and state law enforcement agents have to read you your
rights before they can question you in custody. This included:

The police and highway patrol officers

Sheriffs and U.S. Marshals

FBI, DEA, ATF and other federal agents

Park Rangers

Probation and Parole officers

You should always invoke your rights whether or not you are dealing
with a real law enforcement agent.

Remember the MAGIC WORDS

I am going to remain silent, I would like to see an attorney.