734-359-7018
Now Accepting New Clients!
Blog

Understanding how the Miranda warning works


A judge's gavel and hammer sit on a legal desk with a calculator and a sign that reads know your rights.Originally posted on 11/25/2016

Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the right to remain silent..."

This phrase is a part of what is known as the Miranda warning. It is an integral element of a law enacted in 1966 designed to give suspects a way of preventing self-incrimination by letting them decide if and when they wish to participate in police questioning. 

Keep reading this article to learn more about Miranda Warnings and what they mean for an individual's rights.

Miranda Warning Basics

As with any law, there are some basic procedural steps outlined that must be followed in order for the Miranda warning to be utilized. These pertain to both law enforcement officials as well as to suspects facing a potential criminal defense.

Key elements of the Miranda warning include:

  • Police officers must read the full text of the Miranda warning to suspects prior to commencing any line of questioning.
  • Identifying information such as names and addresses must be provided to officers by suspects at all times.
  • Officers can make arrests even if suspects have chosen not to answer questions at that time.
  • Arrests can even happen prior to the Miranda rights being read to suspects.
  • If suspects initially agree to answer questions and later choose to stop answering questions, officers must cease all questioning when indicated.

In order to invoke the Miranda rights, suspects must directly and verbally indicate their choice to not answer police questions. Per a 2013 U.S. Supreme Court ruling, suspects that simply choose to remain silent are not protected by the warning and anything they say or do can be admissible in court. This is a critical nuance to the Miranda warning law that many people may not be aware of.

A Real-Life Example in Michigan

The Miranda warning is not simply something noted in television shows or movies. A recent article in the Morning Sun News reported on a murder case in which the defense attorney attempted to block some evidence from being used in the trial. The judge, however, ruled that all evidence could be utilized by the prosecution because the defendant, a 34-year old woman facing a second-degree murder charge, was read the Miranda warning by officers before any questions were asked.

What Defendants Should Do

Anyone facing a potential criminal situation should understand that the Miranda warning can be utilized. This is so for misdemeanors such as drunk driving as well as felonies. When crimes escalate in severity, the consequences for them also raise. 

Work with a Qualified Criminal Defense Attorney

Contacting a defense attorney as soon as possible is another way to get help in the face of serious charges and consequences. The experts at Aldrich Legal Services have been in the business for more than 21 years. Give our team a call today to set your appointment.

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

PROBATE 42: Dissolution of professional corporation.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

A basic introduction to wills

Originally posted on 10/31/2016 It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

How Is Alimony Determined In A Michigan Divorce?

Originally posted on 06/22/2018. When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...

Is My Conviction Eligible for Expungement?

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405