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St. Paul Lawyer | Miranda Warning Info
What is a Miranda warning?
A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answering any questions.
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If I am not under arrest, do I have to answer a police officer's questions?
No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for identification, it is probably in your best interest to provide such information. The courts have allowed police officers to detain people for brief periods of time in an effort to determine the identity of the individual.
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Must a police officer always advise a person of their Miranda rights before asking a question?
No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the person does not believe that he is free to leave.
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If I am in custody, how do I assert my right to remain silent?
A suspect who has been arrested need only say I want to speak with an attorney or I have nothing to say now. If the police continue to question the suspect, the police have violated the suspect's 5th Amendment rights. Anything that the suspect says after the violation is inadmissible as evidence in court.
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Can I waive my Miranda rights?
Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court. But the police officer said that if I talked, he would help me out. This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will be charged with, and how you will be sentenced, is up to the prosecutor and the presiding judge.
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What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking the law, the case is taken before a judge who will set bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 36 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged, informs the defendant of their constitutional rights, and of the possible penalties involved.
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Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is law abiding. After an arrest is made, a police officer may apply handcuffs to the defendant if the officer deems it necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument, and decide whether or not the force used was reasonable for the circumstances.
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Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.
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Miranda Warnings FAQs
What is a Miranda Warning?
If I am not under arrest, Do I have to answer a police officer's questions?
Must a police officer always advise a person of their Miranda rights before asking a question?
If I am in custody, how do I assert my right to remain silent?
Can I waive my Miranda rights?
What happens if I am arrested for breaking a criminal law?
Can police officers use force to arrest me?
Will I be fingerprinted or have to appear in a line-up?
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