Tuesday, May 24, 2016

What to Keep in Mind Regarding the Miranda Rights Warning

Since 2015, J. Christopher (Chris) Llinas has owned a private legal practice in Ocean Pines, Maryland. In his capacity as a criminal defense attorney, J. Christopher (Chris) Llinas endeavors to help people understand and exercise their constitutional rights.

The 1966 decision of United States Supreme Court for Miranda v. Arizona led to what are now known as the Miranda Rights, which comprise the list of facts police must read prior to performing custodial interrogations. Police officers read, or recite, these rights (e.g. to remain silent, to an attorney, etc.) if and only if they place an individual under custody and they intend to use any responses as evidence.

However straightforward the law may seem, certain issues arise when a person does not understand the protocol of a Miranda warning. Citizens should remember that unless placed under custody, law enforcement has no obligation to read the Miranda Rights. Attorneys generally advise that their clients either offer no information in a non-custodial situation or that they exercise their rights by remaining silent and requesting an attorney if and when placed in custody. Different nuances exist from state to state, and individuals should consult a legal professional on these matters.                          

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