Los-Angeles-Shooter wrote:
You are as ignorant of the law as you are of the facts of bombs and terroristic threats. A person being arrested or detained is not allowed a lawyer at that point.
Well, buddy, let's agree one of us knows more than the other, and let it go at that, OK?
"The Miranda warning (also called the Miranda Rights) is a series of statements that law enforcement officials within the United States, must administer when a criminal suspect is arrested or at some point before they are interrogated. In theory, this applies to all law enforcement at any level (local, state or Federal), however not everyone is as good as everyone else at using it. Police are issued Miranda warning cards that they read, just to make sure they don't make a mistake. Also, the Miranda must be read in a language the arrested understands. In the US, most cops carry Spanish versions as well as English versions.
The specific phrasing of the warning varies from state to state, but the basic message is the same:
You (the arrestee) have the right to remain silent. (On some cards, this is in all-caps.)
If you give up the right to remain silent, anything you say can and will be used against you.
You have the right to speak to an attorney and to have an attorney present during questioning.
If you cannot afford an attorney, one will be appointed for you by the court.
You can exercise any of these rights at any time during questioning.
Do you understand these rights as I have explained them to you?
The police only need to read you the Miranda warning after they arrest you, but before they question you. If they question in the field then arrest you, but don't ask you any further questions, they don't need to "Mirandize" you.[1] Of course those initial questions are not legally admissible in court as evidence against you, no matter what you said. The answers can only be used to further the investigations or guide future questioning. Update: Of course, the Roberts Court ruled in 2010 that anything obtained before you receive your Miranda rights is now admissible in Court, leaving some asking why bother with the Miranda, then.
Miranda warnings used to state that if you could not afford an attorney, one would be appointed to you at no cost. However, we can't let the poor think they can get free legal counseling.[2] That would be unfair to rich people.
Should one be read their Miranda rights or not, the legally safest thing to assume (at least in the US) is that the police are not your friends and are intent on finding someone, anyone guilty. So keep your mouth shut and save what you want to say for the courtroom and a cooler head. The accused (at least in the US in most jurisdictions) has the right to allocute, though what a person intends to say should first be discussed with their attorney."