Blog Layout

Understanding the Meaning of Miranda Rights - Miranda Rights Meaning

May 10, 2021
What Are Miranda Rights?

What Are Miranda Rights?

Should you have ever watched a crime show or movie, it is likely that you have heard the Miranda rights. However, most people don’t know exactly what Miranda rights are and why they are important. Interestingly, Miranda rights only came into being in 1966 when the Supreme Court of the United States (SCOTUS) established them in its ruling on Miranda v. Arizona.


It’s crucial to know your rights in case you ever get arrested. At Luck Law, LLC, our Montgomery criminal defense attorney is ready to help from the time of your arrest and throughout the justice process. 


What Exactly Are Miranda Rights In The United States?

Miranda rights, also known as the Miranda warnings, are an adaptation of certain rights covered in the Fifth and Sixth Amendments to the United States Constitution. In Miranda v. Arizona, SCOTUS ruled that anyone who is interrogated by law enforcement in a custodial situation must be informed of the following:


  • You have the right to remain silent.
  • Anything you say can and will be used against you.
  • You have the right to have an attorney present.
  • If you can’t afford an attorney, one will be appointed to you. 


It’s important to note that a police officer does not have to read your Miranda rights when they are arresting you - only when they want to begin asking material questions. They are allowed to ask for basic information like your name, age, and Social Security number without reading your Miranda rights first. In addition, you do not have to be formally arrested to be entitled to Miranda rights. If you are in a custodial situation when you don’t feel free to leave, and police are asking you questions, they should Mirandize you first. 


If police officers start an interrogation - even an informal one - without making you aware of your Miranda rights, any evidence they gain should not be used against you. However, you need the right Alabama criminal defense lawyer who can ensure the court finds that evidence inadmissible. 


How to Invoke Your Miranda Rights

Invoking your Miranda rights is always wise, and it will not make you appear guiltier, as this invocation cannot be used against you in your case. If you want to invoke your Miranda rights, you need to tell the police officer who is questioning you or detaining you. You cannot simply remain silent and presume your rights are being invoked. 


Additionally, you can choose to invoke your Miranda rights at any time during the investigation. If you have answered a few questions, you can decide to invoke the right to remain silent if you would rather have an attorney present. If that is the case, the questioning has to stop immediately until your attorney is present or until you want to answer their questions again.


Get In Contact With a Montgomery Criminal Defense Attorney Today To Discuss Your Situation 

Getting arrested or facing criminal charges can be an incredibly stressful situation for anyone. It’s crucial to know what your Miranda rights are and how they can benefit you. Hiring an Alabama criminal defense attorney as soon as possible after an arrest can often improve the outcome of your case. 


At Luck Law, LLC, we can help after you invoke your Miranda rights and identify whether your rights have been violated. Get in touch with our office today for criminal defense representation you can trust. 

Terry's Tips

A woman is giving a presentation to a group of people in a courtroom
By Terry Luck 13 May, 2024
Facing criminal charges in Montgomery, AL? Get expert defense to protect your rights and ensure fair treatment throughout the legal process.
A person is driving a car with their hand on the steering wheel.
By Terry Luck 13 May, 2024
Get expert legal help in Elmore County for car accident claims. Understand your rights and compensation entitlements under Alabama law.
A wooden judge 's gavel is sitting on a table next to a scale of justice.
By Monique Hicks 29 Apr, 2024
Meta Description: Monique Hicks reflects on her role in a wrongful conviction 25 years ago, the case's resurgence, and her call for a new trial for Toforest Johnson.
A man is giving a presentation to a group of people in a courtroom
By Terry Luck 03 Apr, 2024
Montgomery, AL personal injury attorney excels in court, providing top-tier representation to secure justice for victims. Contact us today!
A man in a suit and tie is standing in front of a laptop in a courtroom.
By Terry Luck 03 Apr, 2024
Montgomery, AL drug defense attorney offers skilled legal representation to protect your rights and challenge drug charges. Contact us today!
two men are standing in front of a judge in a courtroom .
By Terry Luck 06 Mar, 2024
Secure your rights with Luck Law, LLC's experienced Montgomery criminal defense attorney. Expert legal defense for a fair case outcome.
a judge 's gavel , scales of justice , and books are on a wooden table .
By Terry Luck 06 Mar, 2024
Explore essential tips for families facing wrongful death in Montgomery, AL, to navigate legal challenges and seek justice during tough times.
a person is sitting at a table holding a piece of paper .
02 Feb, 2024
Facing criminal charges in Montgomery, AL? Rely on skilled defense attorneys' strategies to protect your rights and future. Learn how.
Show More
Share by: