Know Your Rights During Arrest and Questioning

Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri

May 20, 2024

If you’ve been arrested or questioned about a crime, it’s important that you know your rights to protect your interests & receive a fair trial. The most important aspect of your rights for you to understand is the Miranda warning.


Miranda rights are named after the plaintiff in the landmark Supreme Court case, Miranda v. Arizona. The rights contained in it are constitutional in nature & you must be informed of them before you’re arrested or interrogated by the police. They are based on the Fifth Amendment, which is protection against self-incrimination.



What's Included in Miranda Rights?

  • The Right to Remain Silent - You are legally protected from answering questions by invoking your right to remain silent. You are allowed to not answer any questions asked by officers. This is important to understand because anything you say to law enforcement can & will be used against you in a court of law.


  • The Right to an Attorney - You are entitled to an attorney during law enforcement questioning. If you can’t afford an attorney, one will be appointed for you. Understanding this aspect of you rights allows you to receive legal advice on how to navigate the interrogation process. Your attorney will protect your interests & help you understand the legal proceedings that may come.



Waiving Your Rights

You are allowed to waive your Miranda rights, but it must be waived voluntarily & knowingly. If you decide to waive your rights & speak with law enforcement without an attorney, you are opening yourself up to many risks. While this is your right, it’s recommended you speak with an attorney before making this decision so you fully understand the implications.


Conditions for Miranda Rights

Miranda rights only come into play when two conditions are met:


  1. You’re in custody – meaning you are not allowed to leave.
  2. You’re being interrogated – meaning the questions asked may lead to self-incrimination.


If both these conditions are not met, law enforcement may not have to inform you of your Miranda rights.



Miranda Exceptions

Law enforcement is allowed to delay issuing your Miranda warnings if there is an immediate threat to public safety. This exception allows them to prevent harm while gathering necessary information. However, any information they gain under this exception might have limited use in court.


Protect Your Rights

If you feel your Miranda rights have been violated or believe you were not properly informed of your rights while in custody, you should hire an attorney immediately. Daniel Finder at Finder Law, LLC has over 10 years of experience in criminal defense & can guide you during your legal proceedings. Understanding your rights is paramount to ensuring you receive fair treatment & a fair trial & Daniel Finder has the experience & knowledge to do just that.


If you’re facing criminal charges, call our office for a free consultation.



This blog is for informational purposes only and does not constitute legal advice. For specific guidance, please contact our office directly.

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