When Are You Entitled To Your Miranda Warning

Full Video Transcript

Most of us know about Miranda rights. You know the right to remain silent to have an attorney present during questioning. But most of us are less clear on when and where we’re entitled to those rights. Law enforcement must warn you of your Miranda rights whenever you are a suspect or questioned in a criminal matter and held in police custody. Often, figuring out whether you are in police custody is the hard part. But the concept is simple: You’re considered to be in police custody and entitled to Miranda warnings if a reasonable person would believe that his or her freedom to leave the situation is restrained, regardless of whether the police have formally arrested the person. The failure to properly give someone their Miranda warnings may have serious implications in prosecuting someone for a crime. For more information about protecting your Miranda rights, contact an attorney in your area today.