What Is A Custodial Interrogation Requiring A Miranda Warning?

Other Criminal Law FAQs

• Q: What Happens If I Am Arrested?
  A: After you have been arrested, there are certain timeframes and procedures that the prosecution and the court must follow.  Usually, the police will advise you of … More
• Q: What Are The Miranda Rights?
  A: Also known as the Miranda Rule or the Miranda Warning, when you are arrested in the U.S.A, police officers must warn you that you have the right to remain … More
• Q: Where Do The Miranda Rights Come From?
  A: The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination.  In 1966, the U.S. Supreme Court … More
• Q: When Must The Police Read Me My Miranda Rights?
  A: The Miranda warning is usually given when a person is arrested. However, the Miranda Rights attach during any “custodial interrogation” (when a person is … More
• Q: What Do My Miranda Rights Protect Against During A Police Investigation?
  A: In addition to advising you of your Miranda rights upon arrest, the arresting authorities must respect your Miranda rights throughout an investigation. Once a … More
• Q: How Do I Know If I Am In Custody?
  A: Once your Miranda rights (“you have the right to an attorney, anything you say can and will be used against you, etc…”) have been read to you, you … More
• Q: Do The Police Have To Wait Until I Have An Attorney Present Before They Question Me?
  A: No. It is legal for the police to question you without the presence of an attorney or warning you of your Miranda rights (notifying you of your rights to silence and … More
• Q: How Do I Know The Difference Between Being Questioned (Non-Custodial Interrogation) And Being Interrogated (Custodial Interrogation)?
  A: If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial … More
• Q: I Was Pulled Over For A Traffic Violation And Questioned. Isnt This An Illegal Interrogation?
  A: Police questioning during a routine traffic stop is not usually considered to be an "illegal interrogation."  An illegal interrogation is when the … More
• Q: Is Invoking My Right To Remain Silent The Same Thing As Asking For An Attorney?
  A: No.  A criminal suspect's Miranda rights include being told they have the right to remain silent and the right to an attorney.  However, these are two … More