Miranda Warnings

You have probably heard on television the speech that is read after an arrest:  “You have the right to remain silent.  Anything that you say can and will be used against you in a court of law.  You have the right to an attorney.  If you cannot afford an attorney, one will be appointed for you free of charge.”   These are the “Miranda warnings,” which explain your constitutional right not to answer questions posed by the police and to have a lawyer appointed to represent you if you cannot afford to hire one. 
 
In many arrests, the police do not attempt to take a statement from the person who is arrested.  In such situations, the police may not read the Miranda warnings, since they are only required to do this when they intend to question a suspect.  You should be aware that anything that you say in the presence of a police officer might be used against you, even if the Miranda warnings have not been given.  Police are even allowed to use statements that they overhear you make during a telephone call, or while you are talking to other prisoners.  You should therefore be extremely careful what you say while you are in custody.
 
If the police decide to question you, their goal will be to gain an admission that can be used in the case against you.  You should not answer questions or make a statement to the police unless there is a lawyer present to protect your rights.  Sometimes people under arrest decide to make statements without a lawyer because they believe that they can persuade the police to let them go, process them faster, or gain some other benefit.  This almost never happens, and the statements that such people make seriously hurt their cases.  If you have information that will help your case, wait to tell it to your lawyer, who will help you decide the best way to use this information.
 
If you are already represented by a lawyer, you should tell the police and ask them to notify your lawyer about your arrest.