At the time when the police arrest a suspect, and prior to conducting an interrogation, it is their duty to read the Miranda Rights. If the police are only conducting routine questioning of suspects, they are not supposed to read them their rights. The Miranda Rights are the following:
- The suspect has the right to remain silent
- Anything he says will be used against him in court
- He has the right to speak with an attorney, who will be present during his interrogation
- If he is not able to afford an attorney, one will be provided to him at government expense
The Miranda Rights came into existence after the case of Miranda v. Arizona in 1963.
Sometimes, suspects make voluntary statements after being arrested. It is not the duty of the police to warn the suspect not to make these statements. Such statements, if made spontaneously by a suspect, are usually admissible in court.
A suspect can choose to remain silent after receiving his Miranda Rights. However, if a suspect has not received his Miranda Rights, and remains silent, it is possible for that "pre-Miranda" silence to be used against him. In such a case, the suspect can say that he has been advised by his attorney not to speak to the police, without talking to him first.
The police usually draw negative impressions if a suspect refuses to answer questions. However, there are many cases where the only evidence against a defendant is his confession. Therefore, you are well within your rights to not say anything. |
