Hayes, Williams, Turner & Daughtry, P.A.
910-292-6147

Know the limits of a 'Miranda' warning

Miranda warnings are the subject of a lot of misunderstandings.

Those misunderstandings can lead to big problems for defendants who rely on them. Here are some of the most important things that everyone should know about Miranda warnings:

They do not have to be exactly worded

The warnings are designed to ensure awareness of your rights. You need to be informed that:

  • You have a right against self-incrimination (the right to stay silent and refuse to answer questions)
  • Anything you do say can end up being used later in court to convict you
  • If you are questioned by law enforcement officers, you have a right to have an attorney present

As long as those three facts are accurately conveyed, the warning is valid. There's no constitutional right to a specifically-worded warning.

If forgotten, it doesn't spell the end of your troubles

The failure of police officers to issue a Miranda warning doesn't mean that a case is automatically dismissed. That's the most pervasive of all the Miranda myths that defendants hear.

Will a missing Miranda warning even matter to your case? It's hard to say. Every situation has to be evaluated individually, and it may be up to a judge to decide.

You only get a Miranda warning when you are in police custody and subject to interrogation

Once your freedom to leave is substantially impaired, the police are required to issue a Miranda warning if they want to question you -- not before. In practice, this encourages police to keep conversations with suspects friendly for as long as possible.

The longer you talk, the greater the odds you'll say something incriminating. By the time the police get around to making an arrest and issuing the warning, all the damage may be done.

Alternately, they can put you under arrest and just wait to see what you say - as long as they don't ask questions. Again, the damage can be done before the warning is required.

When interacting with police officers, always keep in mind that they have a lot of practice with Miranda warnings and the law -- you don't. They're far more legally savvy than the average criminal suspect. That's why you should always do yourself a favor when you're interacting with the police: Assume that you need to think like a defendant. Listen carefully, express your desire for an attorney and say nothing more.

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