You Have the Right to Remain Silent — Use It.
Thanks to crime shows and movies, a lot of people have some knowledge of their "Miranda rights." But unfortunately, this information is often inaccurate.
A Miranda warning, or "Mirandizing," refers to police reading you your rights. Understanding your civil rights can help protect your freedom.
To clear up Miranda misinformation, the Flint criminal defense lawyers at Manley & Manley have compiled a FAQ on your Miranda rights.
Were your Miranda rights violated?
Were your rights violated? Did you experience a wrongful arrest for an alleged drug crime or DWI?
If you have been charged or expect to be charged with a crime in Michigan, contact Manley & Manley for a free case evaluation. At no cost to you, a member of our team can explain how the law applies to you and review your legal options.
Michigan Miranda rights FAQ
What are my Miranda rights in Michigan?
The wording might be a little different each time, but a basic Miranda warning goes like this:
- You have the right to remain silent.
- Anything you say will be used against you.
- You have a right to a lawyer.
- If you cannot afford a lawyer, one will be appointed to you.
In Michigan, police may add - If you decide to answer questions without a lawyer present, you can, at any time, stop answering questions and ask for a lawyer.
What triggers a Miranda warning?
Not every interaction or interview with the police requires a Miranda warning. The police can ask a lot of questions without Mirandizing someone. The information gathered before an arrest or during a non-custodial interaction can be used against you.
In general, police will Mirandize you under two conditions if you are subject to an in-custody interrogation.
What if the police did not read me my Miranda rights?
If you aren't read your Miranda rights, anything you say in response to police questions can likely be suppressed in court. Your attorney can help you to determine at what point you were officially in custody.
When do I have a right to remain silent?
In general, you always have a right to remain silent, but to get the most out of your 5th Amendment right against self-incrimination, you have to invoke it - you have to say it out loud.
How do I plead the 5th?
Miranda rights only apply to in-custody situations. Therefore, if you are not in custody, you must "unequivocally invoke" your right to remain silent and state, out loud, that you are "pleading the 5th." If you do not say this, your silence in response to police questions could be used as "evidence" of alleged guilt. Do not answer police questions. Tell the police:
"I am invoking my 5th Amendment right not to answer these questions until my lawyer is present."
Although your Miranda rights protect you from having your silence used against you, it is still a good idea to cover all of your bases and verbally invoke your civil right to silence (5th Amendment) and legal representation (6th Amendment) even after an arrest or noncustodial questioning.
Should I use my Miranda and other civil rights if I am innocent?
Yes. Never talk to the police about potentially criminal activities without a lawyer present. You do not want to become a suspect due to a misspoken word or phrase.
If the police want to talk to you about a crime, contact Manley & Manley. We can be by your side for every question, aggressively shutting down coercive and manipulative police interrogation tactics.
Protect your freedom with an experienced Michigan criminal defense lawyer.
Using your Miranda rights can help protect your freedom. The less you say to the police, the more options your criminal defense lawyer has to get the best outcome.
If you are facing criminal charges in Michigan or police questioning, contact Manley & Manley. Our Michigan criminal defense lawyers are fighters. We are relentless in our dedication to protecting your rights and freedom.
Are you being charged with a crime in Michigan? Are you facing weapons charges or allegations of a white-collar crime? Contact Manley & Manley for a free case consultation right now.