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Transcript:

Do the cops have to renew your rights, your Miranda rights? Interestingly, the answer is no, you do not have in every case, the right to be read your rights. Most people understand the idea of Miranda rights or they understand that when they're arrested, they have to be told you have the right to remain silent, you have the right to have an attorney all of these rights. And you have the right to be told that anything you say can and will be used against you in a court of law. What a lot of people don't know is you don't have to be read your rights. You don't have to be told your rights. The Miranda rights came about from a case it's a Supreme Court case, the United States Supreme Court case, Miranda versus Arizona and the holding of the US Supreme Court had was that if police are going to ask you questions. And this is a key that are designed to elicit an incriminating response, then they have to advise you of your rights under the US Constitution. But if police are not going to ask you questions designed to elicit incriminating responses, they don't have to read you your rights. Now, this is important because some police officers kind of use it as a squishy gray area to get around. And that's why you need criminal defense attorney to really analyze if they properly follow procedure. But basically the idea is if police are asking you identifying questions, or kind of baseline information, questions, like What is your name? Where are you from? Where were you going? What's going on here? Those are general questions that are not designed to elicit an incriminating response to a question that's designed to elicit an incriminating response, for example, is how much alcohol did you have to drink? And you're sitting there in handcuffs? Now, the reason I said you're sitting there in handcuffs is that question, how much alcohol did you have to drink can be designed to elicit an incrementing response or cannot be. And what we see happening is it depends on whether or not you are in custody, and being questioned in a way that you could be made to incriminate yourself. So those are the two factors when we're looking at whether or not Miranda rights have to be read. Police can ask you investigative questions, they can ask you basic questions to decide if this is a case. But once you are in custody, in other words, if your freedom to move or your freedom to leave is restricted, you're in custody and police custody, and then they start asking you questions that could incriminate yourself. That's when Miranda kicks in. So if you have a case where you were arrested and never read your rights, you may have a violation or you may not. So if you're arrested, and they just haul you off to jail, and you don't say anything, they don't ask you any questions. There's no violation there. If they arrest you, and you just start spouting off at the mouth saying all kinds of things and they didn't ask you any questions. You don't that will yourself you are just voluntarily giving information. They're not asking you questions. But if they put you in handcuffs, they're taking you to jail and then they start asking you questions about what happened. That is where they have to read your right. So there are a lot of nuances with the rights to be read your Miranda rights. There's a lot of nuance with whether or not the police or law enforcement violate that. The best thing you can possibly do for yourself is have an experienced criminal defense attorney look at your case. And not only look at the police reports...