Matthew J. Ruff

Miranda Rights are a very integral part of the criminal justice system.. The rights are rooted in the fifth amendment to the United States Constitution.  They require the police to inform a person suspected of criminal activity that they have a right to an attorney, the right to have the attorney present before and during ant questioning by law enforcement, that the person will be appointed a lawyer if he or she cannot afford a private lawyer, and finally that the individual has the total right to simply remain silent completely, thereby not incriminating himself.

Underlying the requirement however is that the rights are only required when two very important conditions have been met.  One, that the criminal suspect is actually in custody versus simply being detained by the police.  A good example of this is when the police merely stop and have a consensual encounter with a person on the street, or when a person is merely stopped for a traffic ticket.  Secondly, the criminal suspect must be "interrogated".  This means that law enforcement must be asking questions that are designed to elicit an incriminating response.  For example, if the police are simply asking basic identification questions such as : Your name; Your Address, etc.

The bottom line is that the normal arrest does not ordinarily require the reading of rights.  If a person is not interrogated or questioned about the alleged criminal activity after being placed in handcuffs then the Miranda rule necessitating the advisal of rights is not mandatory.  A criminal defense lawyer should be consulted when a person is unsure whether their constitutional rights have been violated, this area of the law is complex and has many fact specific nuances.  Be SMART, speak to a lawyer, and if you are questioned by the police you should always ask to speak to an attorney before saying anything!