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Do you understand your Miranda rights?

On Behalf of | Jul 5, 2023 | Criminal Defense |

If you are arrested in Georgia, you must be aware of your Miranda rights, including the right to remain silent and the right to an attorney. You have the right to request an attorney and say nothing rather than make self-incriminating statements.

What do your Miranda rights consist of?

Your Miranda rights may form a crucial part of your criminal defense. The Miranda warning consists of the following elements:

  • 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 attorney
  • If you cannot afford an attorney, one will be appointed for you

When will you receive this warning?

You do not always receive your Miranda warning at the time you are arrested. Sometimes, you won’t receive it until you are in custody and the interrogation is about to begin. This may be the case if you are charged with certain kinds of offenses, such as drug crimes.

The police are not always required to inform you of your Miranda rights during the actual arrest. They also may not do so while you are waiting to be formally questioned at the jail.

The fact that you have been arrested or detained does not guarantee that you will receive this warning. Instead, you will most likely receive it before the interrogation begins. If you are informed of your rights, the police may be forced to discard anything you said during the interrogation.

What information are you required to give?

You have the right to remain completely silent to avoid saying anything that might make you look guilty. However, you may be required to provide identification and answer some basic questions. These will be questions that have nothing to do with the case at hand.