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Criminal defense

Miranda rights

The warnings police must give before custodial interrogation about your right to remain silent and to counsel.

Miranda warnings come from Miranda v. Arizona (1966). Before custodial interrogation, police must inform you of: the right to remain silent, that anything you say can be used against you, the right to an attorney, and the right to have an attorney appointed if you can't afford one.

Miranda doesn't apply to ordinary traffic stops, brief detentions, or voluntary conversations. It applies when you're in custody and being interrogated.

Failure to give Miranda warnings doesn't end a case. It typically means statements you made cannot be used against you, but other evidence (the gun in the trunk, the breath test result, witness testimony) can still be used.

What people get wrong

Many people think that if police didn't 'read me my rights,' the entire case has to be dismissed. That's not how it works. Miranda violations exclude statements; they don't dismiss cases.

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