5th Amendment Custodial Interrogation
A person needs to be given Miranda rights prior to custodial interrogation. A person doesn’t need to be under arrest to be considered custodial. The police do not need to give Miranda rights to you prior to you being in custody. The fact that you were given Miranda rights doesn’t mean that you were under arrest. If you decide to waive your Miranda rights, it doesn’t mean that your Miranda rights are waived forever. At any point during the police interrogation, you are allowed to assert your Miranda rights.
The Miranda Rights
- You have the right to remain silent
- If you give up right to remain silent anything you say can and will be used against you in court of law
- You have right to talk to lawyer before we talk to you and have him present while we talk to you
- If you cannot afford to hire an attorney one will be appointed to represent you prior to questioning.
If the police do not properly give you Miranda rights prior to custodial interrogation, then the statements that you made can be suppressed. If your statements are suppressed then they cannot be used against you in the court of law. The mere fact that your Miranda rights were violated does not mean that your case will be dismissed. Miranda rights violations only go to the admissibility of your statements in court. If you have been arrested, it is not a good idea to talk to the police without a lawyer present.
You can assert your Miranda rights by stating
- I don’t want to talk to you
- I want to talk to my lawyer
- I have nothing to tell you
- I choose to exercise my Miranda rights
- I assert my 5th amendment
MA Courts and Confessions
Call Attorney Jason Chan to talk about your case today at 508-808-8902.