Determined & Skilled Criminal Defense Representation

When Do Miranda Rights Matter?

| Jun 23, 2021 | Firm News |

Being arrested, detained, or interrogated by police can feel intimidating and overwhelming, especially if you are innocent or if you have never been involved with the law in the past. If you are dealing with the legal system in the State of Georgia, understanding when Miranda rights matter and how to preserve your own rights is essential to protect yourself.

What are Miranda Rights?

A Miranda warning is provided to individuals who are being detained or taken into custody by a police officer or another arresting authority. The Miranda rights themselves are said to the individual being detained, informing the individual that anything they say can and will be used against them in a court of law. Miranda rights are in place to protect civilians who are being detained but may be unfamiliar with how evidence and interrogations are utilized as a part of the criminal process.

When Are Miranda Rights Read?

Understanding the law and criminal process can help with handling an encounter with any type of law enforcement officer. When an officer approaches an individual, they are not required to read them their Miranda rights if the individual is not being detained or arrested.

Miranda rights are typically read to an individual prior to the actual detention or jailing of a suspect.

When Miranda Rights Aren’t Necessary

Contrary to popular belief, it is not necessary for a law officer to read Miranda rights to a civilian who is being questioned, but not detained. As long as the individual is free to leave or walk away from the officer, Miranda rights are not required by law to be read by the officer.

Familiarizing yourself with Miranda rights and why they matter along with when is imperative anytime you have an encounter with the law. The more informed you are on how the system operates, the less likely you are to find yourself in difficult or complicated legal situations.