Anyone who has watched a crime-based drama on television can likely recite Miranda rights from memory. Being able to verbalize your Miranda rights and understanding exactly what privileges they afford you are two separate things.

It's important that you have a firm understanding of your Miranda rights so that you can protect yourself in the face of criminal accusations in the future.

Basic Miranda Rights

Miranda v. Arizona was the landmark case that gave birth to modern Miranda rights. In essence, Miranda rights inform you of your constitutional rights under the Fifth Amendment. These rights include access to an attorney, the right to avoid self-incrimination, and the right to have an attorney present during any and all questioning.

Miranda rights are guaranteed and apply to anyone facing a criminal investigation. If the police fail to inform you of your Miranda rights, any information or evidence gathered may not be admissible in court.

Situations Where Miranda Rights Apply

Many people operate under the assumption that they must be read their Miranda rights anytime they speak with the police. This simply isn't true. The purpose of Miranda rights is to inform an individual in police custody of their constitutional rights.

Just because you have been detained by the police doesn't necessarily mean that you are in custody. Individuals are often transported to the police station for questioning, but these individuals are free to leave at any time. It is only when you have been arrested on suspicion of a criminal act or you are being lawfully detained pending a criminal investigation that Miranda rights apply.

Invoking Your Miranda Rights

If you wish to exercise your Miranda rights during a criminal investigation, you must invoke these rights by clearly informing the police that you want access to an attorney or you are planning to remain silent.

If you don't invoke your rights, police can continue to question you without violating any Miranda laws. Be aware that you can unknowingly rescind your Miranda rights if you start to talk after letting police know you are exercising your right to remain silent.

Miranda rights play an important role in any criminal case. Your defense lawyer can help you evaluate your detainment, interrogation, and arrest to determine if your Miranda rights were violated in any way.

Exclusionary rules prevent any evidence gathered during the period of a Miranda rights violation from being accepted in court, which could make the difference between a criminal sentence and a dismissal of your case.

For more information on how to utilize your Miranda Rights, consult a criminal defense lawyer.