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Insights

Got pulled over? Know your Miranda rights!

By

Evan R. Rowe

Miranda rights are a set of legal rights that include the right to remain silent, the right to an attorney, the warning that anything you say can be used against you in court, and the right to end police questioning at any time. These rights must be read to individuals in custody before interrogation to protect their Fifth Amendment rights against self-incrimination.

Miranda rights, often referred to as Miranda warnings, are a set of  legal rights that must be read to a person who is in custody and about  to be interrogated by law enforcement officers. These rights are  designed to protect an individual's Fifth Amendment rights against  self-incrimination. The typical Miranda warning includes the following  rights:

1. The right to remain silent: You have the right to remain silent and not answer any questions posed by law enforcement.

2.  The right to an attorney: You have the right to an attorney. If you  cannot afford one, one will be appointed for you (commonly referred to  as a public defender).

3. The right to know that anything you say  can and will be used against you in a court of law: This informs you  that any statements made during the interrogation can be used as  evidence against you in court.

4. The right to stop the  interrogation at any time: You have the right to stop answering  questions or end the interrogation at any point.

These rights are  based on the U.S. Supreme Court case Miranda v. Arizona (1966), which  established that law enforcement officers must inform individuals of  these rights when they are in custody and subject to interrogation. The  purpose is to ensure that individuals are aware of their rights and can  make an informed decision about whether to speak to law enforcement  without self-incrimination.

It's important to note that Miranda  rights are only applicable when a person is in custody and being  questioned by law enforcement. If you are not in custody, your Miranda  rights may not apply, and you may not be entitled to have them read to  you.


If you need an attorney, call King & Rowe, Attorneys at Law today!  828-466-3858

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