You do not have to have been arrested to hear Miranda rights read. They are quoted quite a lot in movies in arrest or interrogation scenes.
There is little difference between how Miranda rights are read in movies and how they happen in real life. The only difference is that in real life, the person they are read to could be in real trouble.
Miranda rights, also known as Miranda warning, are a set of an arrested person’s rights that the law requires to be read to them during an arrest to ensure that they understand their situation and make informed decisions.
Origins and Protocol
Miranda warnings originate from a 1966 Supreme Court ruling on a landmark case Miranda VS Arizona where the Supreme Court held that suspects that are in police custody must be informed of their Fifth and Sixth amendment rights before interrogation if the information obtained from them during the interrogation is to be used against them in court. The Fifth Amendment protects an arrested person from self-incrimination, while the Sixth Amendment addresses a suspect’s rights to a lawyer and fair trial.
Typically there is no specified way of reading the warning to a suspect as long as all the information required by law is provided. States and police departments have different protocols for their Miranda rights warnings for compliance purposes.
In most cases, the arresting or interrogating officer will inform the suspect that they are under arrest. Then they will tell them they have a right to remain silent and that if they choose to speak, their words can be used against them in court. They also inform them that they have a right to an attorney and a court-appointed attorney if they cannot afford one.
Waiving and Invoking Your Rights
After reading the rights, the police may ask if the suspect understands their rights and if they are willing to talk, having known their rights.
“Every lawyer will tell you that talking to the police is a bad idea after you are read your rights. You just can never tell how cunning the interrogators can be, and you could find yourself saying things you should not have and getting yourself in trouble,” says criminal defense attorney Scott Bischoff of Adams & Bischoff.
If, in any case, you choose to waive your right to silence and speak to the police, you retain the right to invoke the rights at any stage of the interrogation. When invoking your rights, be as clear as possible to avoid the ambiguity that the police can use to continue with interrogations.
Get a Lawyer
The right to remain silent doesn’t mean you fail to cooperate with an arresting officer. You still have to provide basic information to the police when asked, such as your name, including proving your identification using your driver’s license or ID. Also, you will have to talk at some point or get a lawyer. Staying silent for your entire interaction with the investigators won’t get you off the hook. The prosecution can rely on the evidence they already have to get a conviction.
It violates your rights for the police to interrogate you and try to admit such information in court. If you are in such a situation, a lawyer can help you challenge such evidence from being used against you.
However, not having your Miranda rights read doesn’t mean the prosecution has no case. It only means the evidence obtained in the interrogation will not be admissible in court. So you will need to have a lawyer either way.
Media Information:
Scott Bischoff of Adams & Bischoff
171 Church St Suite 360 Charleston, SC 29401
(843) 580-8897
