In just about every arrest we see on T.V. the police handcuff the person and tell them they have the right to remain silent, anything they say can and will be used against them in a Court of law………..

Indeed, Miranda Rights are a very integral part of the criminal justice system.. Miranda Rights are firmly grounded in the fifth amendment to the United States Constitution.  They require that any law enforcement officer, prior to an interrogation,  inform a person arrested for suspected criminal activity that they have a right to an attorney, the right to have the attorney present before and during any questioning by law enforcement, that the person will be appointed a attorney if he or she cannot afford a private attorney, and finally that the individual has the total right to simply remain silent completely, thereby not incriminating himself.

At the heart of this requirement however is that Miranda is only required when two very important presets have been met.  One, that the criminal suspect is actually in custody versus simply being detained by the police.  A good example of this is when the police merely stop and have a consensual encounter with a person on the street, or when a person is merely stopped for a traffic ticket.  Secondly, the criminal suspect must be “interrogated”.  This means that law enforcement must be asking questions that are designed to elicit an incriminating response versus a standard “booking” question for example, if the police are simply asking basic identification questions such as : Your name; Your Address, etc., that is not an interrogation.

In summary, a normal criminal arrest does not ordinarily require the reading of miranda rights.  In a DUI case for example, they are almost never read. If a person is not interrogated or questioned about the alleged criminal activity after being placed in handcuffs and arrested then the Miranda rule necessitating the advisal of rights is not mandatory. Again, If the officers did not interrogate you about the facts of the case after you were taken into custody then Miranda is not required, regardless of any prior questioning by the officers that detained you.

A criminal defense attorney should always be consulted when a person is unsure whether their constitutional rights have been violated, this area of the law is complex and has many fact specific nuances.  You should always ask to speak to a criminal attorney, and if you are questioned by the police you should always ask to speak to an attorney before saying anything!  The failure to follow this advise could be detrimental to your freedom.