The vast majority of people in this country know what their Miranda rights are – they’ve heard countless police officers in film and on television utter the warning that begins, “You have the right to remain silent…” when they slap handcuffs on a suspect.
But, do you understand exactly when the police actually have to give you a Miranda Warning? Here are two myths about the Miranda Warning you need to know:
1. The police have to Mirandize you when you’re arrested.
Because the Miranda Warning lives in the popular consciousness, a lot of people really believe that they have to be read at the moment of arrest – but that’s not true. There are numerous situations where the police can and will arrest you without bothering to read you your rights. Miranda warnings only have to be read when you’re both in police custody and about to be interrogated about a crime.
This means that the police can – and will – put you in the back of a cruiser and let you talk – and a surprising number of suspects do just that. (Do not make this mistake.)
2. Any mistake in a Miranda Warning is enough to get your charges dropped.
Did the police officer skip a word in your Miranda Warning or maybe add a few? Despite the rumors to the contrary, that’s not enough to invalidate the reminder and let you go free.
Different police departments actually use slightly different standard warnings, but the officer only really has to cover the basic reminders of your rights and make sure that you understand them in order to proceed.
Even if the police do forget to give you a Miranda Warning when it’s required, that’s no guarantee that your case will be dismissed. If the prosecutor thinks they can win their case with evidence that wasn’t obtained as a result of your interrogation, they can move forward.
If you’ve been arrested – for whatever reason – don’t rely on your own knowledge of the criminal justice system to see you through. It’s far wiser to seek experienced legal guidance.