Knowing Your Rights During Arrest: A Breakdown of the Miranda Warning


During the moment an arrest is taking place, tensions are high. It’s hard not to get caught up in the chaos of it all. Because everything’s happening so fast, you may not be aware of some violations of your rights that may have taken place. So, how do you know if your rights were upheld during your arrest? Below we’re going to break down the Miranda Warning (also known as Miranda Rights), a statement that law enforcement officials are required to give in order to protect individuals being taken into custody. We will also look at the behavior of law enforcement officials during the arrest process.


Did Law Enforcement Officials…


Give you the right to remain silent?
This is the first line of the Miranda Rights and you must be informed of this. You are never required to speak to law enforcement officials, and it is always recommended for your security to wait until you have an attorney present. If you were not informed of this, your rights have been violated. Be careful not to incriminate yourself by speaking to law enforcement individuals freely.

 

Tell you that anything you do or say can and will be used against you in a court of law?
The statement “anything you do or say can and will be used against you in a court of law” must follow your “right to remain silent.” Essentially, this is another statement warning you not to speak unless necessary. If you were not informed of how your words could be used against you, your rights have been violated.  


Treat you with respect?
Did any unwarranted violence or searches take place during your arrest?  

 

If you requested an attorney, did they appoint you one?

Once you’ve been appointed an attorney, police are not allowed to question you without them being present. Officers should know this, and if they do question you, your rights have been violated.


Question you without your attorney or lawyer present?
If you are in custody, you are allowed an attorney during questioning. If you have asked police for an attorney and your request has been denied, your rights have been violated. Once you’ve been appointed an attorney, police are not allowed to question you without them being present. Officers should know this, and if they do question you, your rights have been violated.


Hold you for an extended time without a charge?
Legally, there is a certain amount of time you can be held without a charge being made against you. If you have not been informed of your charges and you are being held beyond this window, your rights have been violated.


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