In the landmark case of Miranda v. Arizona, ___ US___ (19__), the United States Supreme Court ruled that before law enforcement personnel can interrogate a subject who is in custody, the subject must first be informed that he or she has a right to remain silent, that anything said can be used against him or her in a subsequent prosecution, that he or she has a right to a lawyer and that if he or she cannot afford a lawyer that one will be appointed at no cost. Only after such a person (who is both in police custody and who is being interrogated) has been duly warned and has waived his or her Miranda rights may law enforcement commence questioning.
Over the years there has been much debate over the issues of the Miranda warnings themselves, waiver of those rights and a variety of circumstances which we can call the “grey area” (i.e. when one is questioned by law enforcement but is not in custody at the time of questioning, when one who is in custody makes spontaneous statements to law enforcement without being questioned, when one in custody who is being questioned invokes Miranda protections but then later initiates conversation with law enforcement sua sponte). The bottom line is that Miranda is alive and well, but only if you are in custody (i.e. not free to leave) and are then and there being interrogated (questioned by law enforcement). Miranda essentially confirms that you have a constitutional right to remain silent and that you do not have to incriminate yourself. It is entirely up to you to choose to exercise or to waive that right. Just remember, when you are told that “anything you say can be used against you, the law enforcement personnel who have so warned you are not joking. What you say to law enforcement is subject to being admitted in a Court proceeding at a later date.
The material on this page is designed to be general and is not case specific. Further, the information contained on this site is neither formal legal advice nor does the same constitute the formation of a lawyer/client relationship. As the law continually changes, the information contained herein may either be out of date or inapplicable to either your case or to your particular circumstances. For this reason it is always best to consult with a lawyer, in person, and to get specific and accurate information about your legal rights, responsibilities and/or liabilities in regard to your particular case. Please feel free to contact the Law Offices of Michael A. Haber, P.A. in Miami, Florida either by phone, by mail or by e-mail, and Mr. Haber will be available to you, to discuss your specific case.
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