Any time a police office will be further interrogating a suspect, it is required that the suspect be notified of his or her rights. The Miranda Warning is named after Ernesto Miranda. Mr. Miranda was not notified of his right to remain silent before being coerced into a confession.
Mandated in 1966 by the United States Supreme Court, the Miranda Warnings came as a result of Miranda v. Arizona. Now a criminal’s 5th amendment right to avoid coercive self-incrimination is protected.
The Miranda Warning is simply a police warning stated or read to a suspect being arrested. The police officer must do this before asking the person questions relating to the crime.
But police may ask a suspect biographical questions such as their name, age and address without reading them the Miranda Warning. If a suspect “confesses” to a crime or self-incriminates him or herself in other ways, it cannot be deemed admissible in court unless the police officer read the Miranda Warning and he or she chose to have their Miranda rights waived.
Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested or placed in a custodial situation, the typical warning is as follows:
“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 an attorney. If you cannot afford an attorney, one will be provided for you.”
It is also important that the suspect understand what this even means. The police officer must ask if they understand. If not, it can be translated to them in his or her native language or at a level they understand. This translation must be either recorded on tape or written on paper.
Your DUI defense attorney will uncover the truth in your case as it relates to the Miranda Warnings. If they were not read to you or not read to you properly, this can be grounds for dismissal of your case.