What Does Miranda Warnings Mean?

Continuing our blog posts related to the Fifth Amendment, we will now examine an integral part of the protection against self-incrimination. In perhaps the most famous American legal case of all time, the Supreme Court of the United States, in Miranda v. Arizona, promulgated law that almost everyone knows by heart.

Ernesto Arturo Miranda was arrested for the kidnapping and rape of an 18-year-old woman. The police interrogated him for two hours; Miranda eventually confessed to the crime. During trial, Miranda's counsel objected to the admission of the confession because Miranda was not told that he had a right to a lawyer, right to remain silent, or that the statements would be used against him. (Many times pre-Miranda, the police would tell suspects that a confession would help them during trial).

The famous Warren-Court, ruled that the custodial interrogation of Miranda was coercive and that no longer would a confession be admissible under the Fifth Amendment self-incrimination clause unless a suspect has been made aware of his rights. These rights are

"The person in custody, must prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him."

If you have been charged with a crime, including sex crimes, contact a Plano criminal defense lawyer.