Let’s hope you never hear them. “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Typically, people think that a police officer is required to provide every individual whom they stop or with whom they speak their Miranda statements. However, that is not precise. The Supreme Court has outlined who needs to be informed of these rights and when.

While, Miranda rights are derived from the famous Supreme Court case, Miranda v. Arizona, the rights do not have their origin in that case. Rather, the freedoms that we refer to as the Miranda rights are constitutional freedoms which the court decided needed to be provided to certain people in law enforcement custody.

The particular constitutional rights that are commonly known as the Miranda rights include the right to remain silent, the right against self incrimination and the right to an attorney during questioning and in court. The court also determined that the warnings contain at least the same level of information as it set out in its ruling and that the warnings be meaningful for the persons being questioned.

Some law enforcement add additional warnings to the typical Miranda statements that they think are important for the people in their jurisdictions. For example, some border states require law enforcement to tell detainees that if they are not U.S. citizens that they have the right to contact their country’s consulate.

The Miranda freedoms need to be spoken by a law enforcement official to he who is a criminal suspect and in law enforcement custody before they begin to question the detainee about the circumstances surrounding the scenario. The person is considered to be in state custody if a reasonable individual would believe that his or her freedom to leave is impeded, regardless of whether the police have formerly arrested the person.

To ensure incriminating evidence admissible at trial, officers need to provide the suspect with his or her Miranda warnings prior to getting the evidence. A man who is in police custody must be informed of their rights before any police questioning. If the person is arrested and the police do not intend to question the person then the Miranda warnings do not have to be provided.

If you have been charged with a violent or marijuana crime in Neptune NJ, do not speak to the police. Anything you say can and will be used against you in the court of law. Talk with a local Freehold NJ criminal lawyer.