Miranda Warning: They Didn't Read Me My Rights!

What happens if the police don't read you your rights? When do the police have to read you your rights? Criminal Defense attorney Ryan Pacyga explains what the Miranda warning is and answers these questions.

Category:

People & Blogs

Tags:

• miranda;
• warning;
• rights;
• read;
• statement;
• custodial;
• interrogation;
• questioning;
• suspect;
• suppress;
• right
• to
• remain
• silent;
• ryan
• pacyga;
• criminal;
• defense;
• lawyer;
• attorney

[wukillalogic]

I jsut wanted to know what these new changes to the miranda rights actually do and what your opinions are on them

[RyanPacyga]

@wukillalogic the new changes are very frustrating. I think Justice Sotomayor got it right when, in her dissent in the Thompkins case, she said that making a suspect actually speak to say they want to remain silent "turns Miranda upside down." These new changes no longer stop police from continuing to ask questions unless a suspect expressly says they want a lawyer or expressly says they want to remain silent. The Thompkins decision deviates from precedent.

[wukillalogic]

@RyanPacyga So does this mean that if police try to question me while im in custody i have to continue speaking to them even after asking for my lawyer?

[RyanPacyga]

@wukillalogic no, it just means that you have to expressly ask for a lawyer, or if you don't, that they can continue trying to question you. You NEVER have to talk to the police, whether or not they give you the Miranda warning. You always have the right to remain silent, even if you do not request a lawyer.

[OfficiaNewWorldOrder]

Sorry for your situation folks, but in California, they don't have to read them anymore. The police do "NOT" by law have to enforce any constitutional rights. Thank the latest health bill which carried a lot of "gift" bills within it that weren't reviewed, but passed along with the bill. (Spits on the US Constitution)