Every Wednesday night, you can see Detective Olivia Benson on a popular crime television show called Law and Order SVU. Pursuing and fending off criminals, Detective Benson kicks ass while taking names on a regular basis. Always remembering to read them their rights while under arrest:
"You have the right to remain silent. Everything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
Nonetheless, what does this phrase even mean? We all know our Miranda rights from watching any crime related movie or television show we see today. Generally, our right to remain silent means just that. In fact, an individual doesn’t have to speak to law enforcement and they can’t force you to speak in order to make an incriminating statement. Likewise, the right to counsel also means just that. In fact, an individual may request an attorney be present during interrogation
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With that in mind, television has been a great resource for learning how to evade arrest and clean up a crime scene. Likewise, a few things you need to know about the law in a nutshell. I too, use television as the foundation of my legal career.
So what are my Miranda rights... and do they need to be read while I’m under arrest? These are all great questions, just asking them will put you one step closer to understanding the law. Below, are the four most frequently asked questions and answers in knowing your Miranda rights!
What Triggers Miranda?
Generally, police provide Miranda warning when they place a person under arrest. Yet, are not required to provide such warnings unless an individual is in custody (reasonably feels unable to leave or is physically restrained) and subject to custodial interrogation (questioning designed to seek an incriminating