A warning that the police must give to a suspect before conducting an interrogation, including the right to remain silent, the right to have an attorney present, the right to a court-appointed attorney, and the fact that any statements made by the suspect can be used against him in court.
Miranda warning is the warning which must be given to a suspect who is in custody and is going to be interrogated. The Miranda Warning was instituted as a result of the Miranda v. Arizona ruling by the U.S. Supreme Court.
Many suspects mistakenly believe they must be read their Miranda Warnings at the time they are arrested but this is not the case. There are many times, such as during a drunk driving arrest, where a driver may be arrested and never read their Miranda Rights or read them at a later time when they are in custody at the police station and they are about to be legally interrogated.
If, however, you believe your Miranda Warnings should have been read and were not, you may be able to use this as a defence to have any information you provided to the police thrown out and not used against you. A violation of your Miranda Rights should be discussed with your criminal defence lawyer.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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