Define: Miranda Warning

Miranda Warning
Miranda Warning
Quick Summary of Miranda Warning

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.

What is the dictionary definition of Miranda Warning?
Dictionary Definition of Miranda Warning
n. the requirement, also called the Miranda rule, set by the U.S. Supreme Court in Miranda v. Arizona (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against him/her. The warnings are known as Miranda rights or just "rights." Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of these rights and knowingly waived them, before the confession can be introduced in the defendant's criminal trial. The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U.S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect?
Full Definition Of Miranda Warning

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.

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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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