* You have the right to free independent legal advice on the phone and/or in person. No cost will be incurred by you and a local solicitor firm will be used unless you elect to have your own solicitor to represent you.
* You have the right to have someone notified of your arrest. This will likely be a person that would be concerned for your welfare and the police will call them for you and disclose your arrest
* You have a right to read the PACE codes of practise book (for details check it on amazon) which is a book governing police powers and procedures for how you should be treated whilst in custody.
All these rights are ongoing which means that you can elect to use them immediately or at any other point whilst in custody and the police will have to comply. There are certain circumstances where 1 or all of these rights can be delayed (though never denied forever) and this would have to be authorised by an Inspector. It's rare that this will happen and is done only if there are reasonable grounds to suspect that giving you any of these rights could interfere with the investigation including evidence gathering and witness intimidation.
Of course there are other basic rights you can expect such as food, drink and a telephone call (though there is no requirement for the phonecall to be carried out without delay, unlike the other three rights). You may ask for a doctor and this will, unless deemed not needed, be done for you. You may also request an interpretor if you feel you'll need one to understand what's being said to you though in practise the police will likely call one without you needing to ask. Exercise will be granted when it can be accomadated. A pen and paper is also a right that should be given though you may be under supervision if you ask for this (incase you use the pen as a weapon on yourself or staff). A shower will be provided if you've been in long enough and religious text will be provided if needed.
There are other rghts that you are entitled to, ALL rights being detailed in the PACE codes of practise book. The top three are the most important rights though and will be read to you as soon as you enter the custody suite.
(in the US) If you are under arrest, you must be advised of your Miranda Rights. However, if you continue to answer questions after you have acknowledged that you understand your Miranda Rights, the answers you give are not protected. You must either become mute or actually express your desire to stop answering questions or request an attorney. Once you make either of those requests you may not be interrogated any further.
Being able to help people vindicate their rights.
Someone accused of a crime and has been read their Miranda rights.
Get a lawyer. Get a lawyer. Get a lawyer.
In Texas, law enforcement officers are not required to read you your Miranda rights before questioning you. However, if you are in custody and being interrogated, your Miranda rights must be read to you before any statements you make can be used against you in court.
Yes, you should be read your rights when you are picked up on a warrant, particularly if you are being arrested. The Miranda rights inform you of your right to remain silent and your right to an attorney, which are crucial for protecting your legal rights during questioning. However, if you are not being interrogated, the police may not be required to read you your rights immediately upon arrest.
Depends on why you're being interrogated, but if it's a good reason, yes.
A primary accountAnswerMiranda rights only apply to custodial interrogation. This is a two part determination of are you in custody and are you being interrogated. Unless both elements are there, Miranda is not required. Even if they fail to give you your Miranda rights all that happens is that your statements cannot be used in court.Custody and interrogation are fact specific. You can be in custody without being arrested. You can be asked questions without it being an interrogation.For example, a traffic stop is not normally considered custodial and anything you say is admissible. If you and your buddy are arrested, placed in the back of the police car and they record your conversation, it is admissible since you were not being interrogated.
They are not
being interrogated
They are not.
It is more commonly known and referred to as "The Miranda Warning" which paraphrases an arrested defendants right to legal advice and/or the presence of lawyer prior to his interrogation about the matter they were arrested for.