November 17, 2014 It’s a series of statements as timeless as the television show Dragnet. “You have the right to remain silent,” seems to penetrate every television detective drama ever written. These are the Miranda Rights and understanding them can protect you in a tricky situation if ever under arrest. Understanding Miranda Rights The court case of “Miranda v. Arizona” made clear that, before the police can interrogate an arrested party, they must give you the following, very specific warnings: You have a right to remain silent, Anything you say can be used against you in court, You have the right to the presence of an attorney, If you cannot afford an attorney, one will be appointed for you at no expense to you. The “Miranda” case pays honor to your right against self-incrimination. If the police don’t read me my rights, does my case gets thrown out? No, your case is not automatically thrown out. What does get thrown out is the statement being used against you if your lawyer prevails in a motion to the court to exclude or throw out your statement, based on the lack of rights read. When do the police have to read me my rights? Your Miranda rights are “triggered,” in other words, must be read to you when the following two “factors” are present. You are in Custody While many people believe “custody” means the suspect is in handcuffs, that is not always the case. The best way to assume someone is in custody is to ask how he or she feels in the situation. Does he or she feel the cops would allow him or her to leave the situation? If the answer is no, the person is most likely in custody. The Suspect Has Been Interrogated The police must have actually “interrogated” the suspect, however, this does not include just any type of question. The type of question that was asked is significative. The questions that the police asked have to be directed at getting you to say something that would get you in trouble. Serving the Puget Sound Area Since 1996 Every case has its own unique problems, consequences, and opportunities. No two cases are alike. We encourage you to call and speak personally to a lawyer about the details of your unique circumstances.Call us at 206-621-0500 or contact us for a free consultation with an experienced criminal law attorney today.