Arkansas Criminal Defense Blog ©

Most of us have seen the television show “Law and Order” or some other law enforcement drama. We have seen Lenny read someone their rights in a sarcastic tone.

As a result of a landmark case, Miranda v. Arizona, 384 U.S. 436 (1966), most every defendant, when taken into custody, is Mirandized. Although there is no magic language to be read to defendant, the Supreme Court was clear on what is needed:

“Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.” Miranda at 444.

As a result, if you are brought into speak to a detective, it is likely they will ask you this list of questions in some form or fashion:

1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

You can not be harmed by speaking to an attorney before speaking to an officer who has Mirandized you. There is a reason they tell you that you have a right to speak to an attorney. YOU DO!

Tags: Constitutional Rights