June 26, 2015 Miranda rights are a reciting of your rights under the law when you are engaged with law enforcement during an arrest. These rights stem from a 1966 U.S. Supreme Court case that delineated these rights under the Fifth Amendment of the Constitution. The Court determined that these rights must be expressed to any individual taken into police custody. What Is the Miranda Warning Whenever someone is taken into custody, police must recite the four warnings about their rights under the Constitution: · You have the right to remain silent · Anything you say can and will be used against you in a court of law · You have the right to an attorney · If you cannot afford an attorney, one will be appointed to you How the Miranda Warning Protects You The Miranda warning stems from a case that involved a man named Ernesto Miranda in a suit against the state of Arizona. He confessed to a number of crimes, allegedly voluntarily. He was not aware of his right to have a lawyer present, nor was he aware of his right to remain silent. The Supreme Court found that Mr. Miranda’s Fifth Amendment right against self-incrimination had been violated, and they overruled his conviction. If Your Miranda Warning Is Not Properly Given The Miranda warning is intended to be given to individuals in full and with assurance that the person understands its meaning. If the police neglected the reading of your Miranda rights or only recited them partially, any evidence they elicit from you cannot be used in a court of law. Omitting to give the full Miranda warning does not mean you cannot be prosecuted for a crime. However, any statements you give will not be able to be used against you. Consult An Attorney If You Have Not Been Properly Mirandized Not receiving the full recitation of the Miranda warning can affect the case against you in regard to what questions you have answered or what statements you have made. If you have any questions about receiving your Miranda rights warning, consulting an attorney is advised to ensure that your rights are protected. If you have questions about whether the police improperly gave you the Miranda warning, contact the office of Nahajski Law Firm to discuss your legal options. http://www.nolo.com/legal-encyclopedia/police-questioning-miranda-warnings-29930.html http://criminal.findlaw.com/criminal-rights/miranda-rights-and-the-fifth-amendment.html