If I Am In Custody, How Do I Assert My Right To Remain Silent?

Other Miranda warnings FAQs

• Q: What Is A Miranda Warning?
  A: A Miranda warning advises people of their constitutional right not to answer questions or to have an attorney present before answer any questions.
• Q: Must A Police Officer Always Advise A Person Of Their Miranda Rights Before Asking A Question?
  A: No. The Miranda warning is only in effect during a custodial interrogation. This means that the person being questioned is in custody or in an environment in which the … More
• Q: If I Am Not Under Arrest, Do I Have To Answer A Police Officer's Questions?
  A: No. Unless you are placed under arrest you are free to leave at any time. However, if a police officer stops you while you are walking, and asks you for … More
• Q: Can I Waive My Miranda Rights?
  A: Yes. If you have been arrested, and you have been given your Miranda warning, then anything that you say can and will be used against you in court.
• Q: But The Police Officer Said That If I Talked, He Would Help Me Out.
  A: This is something police officers always say. Police officers have no control over what happens to you after you have been arrested. The determination of what you will … More