Miranda Rights Questions and Answers

Miranda Rights Questions and Answers So, were my Miranda rights violated? In many cases, thats a question only the courts can answer. No two crimes or criminal investigations are identical. There are, however some procedures police are required to follow when dealing with the Miranda warnings and the rights of persons taken into custody. Here are some answers to commonly asked questions about Miranda rights and Miranda warnings. It is important to remember that the Miranda Warning is all about being protected from self-incrimination under the Fifth Amendment during questioning, not about being arrested. Miranda Rights QA Q. At what point are police required to inform a suspect of their Miranda rights? A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be in custody anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court. If at any time before or during questioning, the individual being questioned indicates- in any manner- that he or she wishes to remain silent, the questioning must stop. If at any time the person states that they want an attorney, the questioning must stop until an attorney is present. Before the questioning can continue, the person being questioned must be given an opportunity to confer with the attorney. The attorney must then remain present during any further questioning.   Q. Can police question a person without reading them their Miranda rights? A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody. Police are required to inform people of their Miranda rights only if they intend to interrogate them. In addition, arrests can be made without the Miranda Warning being given. If the police decide to interrogate suspects after arresting them, the Miranda Warning must be given at that time. In situations under which public safety could be jeopardized, police are allowed to ask questions without reading the Miranda Warning, and any evidence obtained through that questioning may be used against the suspect in court. Q. Can police arrest or detain a person without reading them their Miranda rights? A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court. Q. Does Miranda apply to all incriminating statements made to the police? A. No. Miranda does not apply to statements a person makes before they are arrested. Similarly, Miranda does not apply to statements made spontaneously, or to statements made after the Miranda warnings have been given. Q. If you first say you dont want a lawyer, can you still demand one during questioning? A. Yes. A person being questioned by the police can terminate the interrogation at any time by asking for an attorney and stating that he or she declines to answer further questions until an attorney is present. However, any statements made up until that point during the interrogation may be used in court. Q.  Can the police really help out or reduce the sentences of suspects who confess during questioning? A. No. Once a person has been arrested, the police have no control over how the legal system treats them. Criminal charges and sentencing are totally up to the prosecutors and the judge. (See: Why People Confess: Tricks of Police Interrogation) Q. Are police required to provide interpreters to inform deaf persons of their Miranda rights? A. Yes. Section 504 of the Rehabilitation Act of 1973 requires police departments receiving any form of federal assistance to provide qualified sign interpreters for communication with hearing-impaired persons who rely on sign language. The Department of Justice (DOJ) Regulations pursuant to Section 504, 28 C.F.R. Part 42, specifically mandate this accommodation. However, the ability of qualified sign interpreters to accurately and completely explain the Miranda warnings to deaf persons is often questioned. See: Legal Rights: The Guide for Deaf and Hard of Hearing People from the Gallaudet University Press.​