Here's what you might not know about the Miranda warning

Judge's tools - Law

Marsha Hunt----Often people listen to a television crime show, hear certain terms and believe they understand what they mean.  One of those examples is the Miranda warning.  But to clarify and to expand on those television briefs, is an attorneys explanation of this very important statement if you ever happen to be caught in a situation where you or someone you love might need to have the information.

The Miranda warning is frequently mentioned in the media, however even in daily life across America police must offer this statement to protect people who face potential criminal charges.  It came about regarding a case,  Miranda v. Arizona (1966),  when the Supreme Court made the decision that suspects who were detained for questioning must be informed of their constitutional right to an attorney and against self-incrimination.
There are certain basic rights the Miranda Warning is designed to protect.  It doesn't help someone avoid an arrest.  Instead it is warning police must give suspects before they begin an interrogation.  The purpose is to make sure suspects understand their rights and can assert them during the course of that interrogation.

Here are some of the important facts offered by the Shapiro law firm relative to the Miranda warning:

- A suspect can be arrested even if the Miranda warning is not read as long as he or she is not questioned by police in the process.
- If police wish to question a suspect after an arrest, the Miranda warning must be read at that time.
- If a suspect indicates that he or she does not wish to answer police questions at that time, all questioning must be ceased immediately.
- A suspect must still give biographical data, such as name and address, to law enforcement officers even if invoking the Miranda decision.

The suspect is also allowed to change his or her mind while being questioned, even if a previous consent has been given to the police interrogation.  In other words, if the suspect wants the interrogation to stop in the middle of giving some answers, that must be honored.

In 2013 the Supreme Court clarified the use of the Miranda warning, explaining a suspect cannot just stay quiet but actually state he or she wants to use the Fifth Amendment and state they don't want to answer the questions.