you have the right -to remain silent anything you say will be held against you-in the court of law you have a right to an attorney if you can not afford one one will be appointed do you inderstand these rights .
2006-08-30 15:23:58 · 11 answers · asked by New York 2 in Politics & Government ➔ Law Enforcement & Police
That's pretty much it. FYI, it only applies to custodial interrogations. The way "custodial" and "interrogation" gets interpreted is the subject of a lot of cases though.
2006-08-30 15:27:12 · answer #1 · answered by Catspaw 6 · 2⤊ 1⤋
Here is the real thing, not what you hear on TV. The officer advising the arrestee is required to read them from a preprinted card. There are three elements which must be present and necessary before Miranda Rights must be read to a person be questioned. Its a good question to ask on Yahoo.
"You have the right to remain silent, anything you say can and will be used against you in a court of law. Do you understand that? You have the right to have attorney present during questioning. If you can not afford to hire an attorney, one will be appointed to represent you before any questioning, if you wish one. Do you understand that? If you do give a statement, you may stop talking at any time. Do you understand that? Do you understand your rights as I have read them to you?"
2006-08-30 22:50:12 · answer #2 · answered by rico3151 6 · 0⤊ 0⤋
You have the right to remain silent. If you give up the right to remain silent, anything you say may be used against you in a court of law. You have the right to an attorney and to have that attorney present during questioning. If you desire an attorney and cannot afford one, one will be appointed for you before questioning. Do you understand these rights as I have explained them?
2006-08-30 23:35:29 · answer #3 · answered by Magic One 6 · 0⤊ 0⤋
Taken directly from my statutory warning card (Miranda warning)
1. You may remain silent and not make any statement at all.
2. Any statement you make may be used in evidence against you.
3. You have the right to have an attorney present to advise you either prior to any questioning or during any questioning.
4. If you are unable to employ an attorney you have the right to have an attorney appointed to counsel with you prior to or during any interviews with peace officers or attorneys representing the state.
5. You have the right to terminate the interview at any time.
6. If you are fifteen (15) years of age or older at the time of the violation of law of the grade of felony the juvenile court may waive its jurisdiction and you may be tried as an adult.
#6 is, of course, only applicable for juvenile offenders under 17.
2006-08-30 23:47:01 · answer #4 · answered by jkc6229 3 · 1⤊ 0⤋
The Basic Miranda Warning is:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
OR the Version used to cover anything a detainee may face is:
You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
2006-08-30 22:40:58 · answer #5 · answered by Eagle 2 · 1⤊ 0⤋
What everyone above missed is that those versions are established by individual police department policy, or possibly state law. That is not what the Supreme Court required.
The Court in Miranda only required that the specified substantive information be given, not that any specific wording was required. The quoted warnings (in different variants) are simply used because they are known sufficient to satisfy the requirements of the Court. But the Court has recognized other equivalent statements as long as the same fundamental information is presented.
2006-08-30 22:55:25 · answer #6 · answered by coragryph 7 · 2⤊ 0⤋
The Supreme Court has stressed that when the police advise an individual of his rights there are no magic words they need to use. All that matters it that the rights set forth in Miranda are conveyed. The recitation that you set out would accomplish that purpose.
2006-08-30 23:49:39 · answer #7 · answered by melir23 4 · 0⤊ 0⤋
you have the right to remain silent anything you say CAN AND WILL be held against you in the court of law. i think that was the only part missing there.
2006-08-30 22:31:16 · answer #8 · answered by tazzgirl6983 2 · 0⤊ 1⤋
ok it goes:
You have the right to remina silent, anything you say could and will be used against you in the court of law, YOu have a right to an attoreny, and to have one present at questioning. If you cannot afford one, one will be appointed to you.
2006-08-30 22:40:43 · answer #9 · answered by Kim Carter 2 · 0⤊ 1⤋
Correct as far as you got. I know there is a statement missing I think, but cannot tell right now what it is without searching, which is something you could do.
2006-08-30 22:27:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋