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.” Many people think that a police officer needs to provide every person 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 named for the famous Supreme Court case, Miranda v. Arizona, the rights do not have their origin in that case. Rather, the rights that we refer to as the Miranda rights are constitutional freedoms which the court decided needed to be provided to certain persons in state custody.

The specific constitutional limitations that are regularly described 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 required that the warnings contain at least the same level of precision as it set out in its ruling and that the warnings be meaningful for the stopped individuals.

Most courts 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 officers to tell people under questioning 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 an individual who is a criminal suspect and in state custody before they begin to question the person about the circumstances surrounding the crime. The person is considered to be in law enforcement custody if a reasonable woman would believe that his or her freedom to leave is impeded, regardless of whether the officers have formerly arrested the person.

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

If you have been charged with a violent or marijuana crime in Northern 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.