02/21/2022
“Miranda” and your right to remain silent – a basic primer.
If you have ever watched a crime show, you have undoubtedly heard the phrase “you have the right to remain silent…” This common phrase is referred to as your “Miranda” rights. However, few people actually know what Miranda means. This brief article is meant to give the reader a rudimentary understanding.
First. Miranda is technically not a right; rather, it informs you of your Constitutional rights. It is a warning that you must be given in certain circumstances based on the seminal US Supreme Court case of Miranda v Arizona. So, Miranda is more properly described as an informational warning. You are being informed of your Constitutional rights and the consequences of what can happen if you waive those rights.
Second. Miranda only applies to criminal cases, not civil cases.
Third. Miranda only applies to you if you are in police custody. Whether you are in custody is a complex issue. If the police place you under arrest, you are in custody. However, there are circumstances when – even if you have not been placed under arrest – the law still considers you to have been placed in custody. The issue of custody is too complex to discuss in this brief article.
Fourth. Miranda only applies to the government’s (police officer’s) questioning and your statements after you have been placed in custody. This is important because it does not protect you from statements you have made to other people. It also does not protect you if you voluntarily talk to the police.
If you are suspected of a crime, the police will often ask you to come in and speak with them. They will be very friendly and try to make you feel comfortable. Do not be fooled. They are not on your side. Some common things you may hear from the police are:
• We just want to hear your side of the story.
• If you cooperate, we will not charge you with everything we could.
• Things will be easier on you if you cooperate.
• If you refuse to talk with us it just makes you look guilty.
• We know what you did and have the evidence to prove it, we just want to hear it from you.
Again, do not be fooled. These are tactics used to get a statement from you that they can later use in court. If you are suspected of or have been charged with a crime, the police are NOT your friends. The simple fact is, if they are going to arrest you, they will arrest you – whether you help them or not. Let the police do their job…don’t do it for them.
If you are ever in the situation of being charged or suspected of a crime, remember the following:
• The police are not there to help you, no matter what they say.
• The police do not have the power to charge you with anything, this is solely up to the prosecutor.
• You have an absolute Constitutional right to remain silent…USE IT.
• Never, never speak with the police without a lawyer present. It could be the best decision you ever make.
