You’ve been brought in for questioning by the police on a serious issue – and you know that the detectives are “fishing” for information. Yet, nobody has read you your rights.
What’s going on? Well, there may be nothing amiss. Even though most people have a passing familiarity with their “Miranda Rights” thanks to its frequent use on drama shows and police procedurals, they misunderstand when it is legally required.
Are you in custody and under interrogation?
The only time the police are required to read you your Miranda Rights is when you are both:
- Under interrogation (subject to questioning about a crime)
- In police custody (actually detained)
In general, the police will try to delay the inevitable, even if they have every plan to arrest you. They have a lot to gain if they can keep you talking without having to remind you of your right to remain silent or your right to legal representation.
What can you do to protect yourself from self-incrimination?
One option is simply to say, “Am I free to leave?” If the police indicate that you are, you can get up and walk out. If the police indicate that you are not, you may trigger the Miranda Warning that you’ve been expecting.
You shouldn’t wait until the police remind you of your rights to invoke them. To do so, you cannot merely sit there in silence. You must state, clearly and firmly, that you decline to speak to the police until you have legal assistance.
When you’re in legal trouble, don’t take chances. It’s far better to seek legal guidance right away than to try to handle the situation on your own.