“You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?”
Once an individual is no longer free to leave during questioning, the Police must inform an accused of his or her Miranda Rights. The accused must acknowledge that he or she understands the rights and has the opportunity to refuse to speak to the Police until a lawyer is contacted. If an individual is no longer free to leave, even if he or she is not officially under arrest, Miranda applies.
To be admissible in Court, a knowing, voluntary, and intelligent waiver of these rights must be obtained. If the Police fail to inform an individual of Miranda Rights, any statement or evidence obtained from the statement cannot be used in Court.
Confessions, especially if they are obtained through improper threats, promises, or the use of physical coercion, cannot be used in Court. Prolonged interrogation sessions may also render a confession involuntary. Voluntary statements, such as those made by a talkative suspect, are admissible in Court. An experienced defense attorney can help get an illegally obtained statement suppressed.
