Understanding the Circumstances When Miranda Rights Apply
Hi, I’m Oklahoma City Attorney Aaron Easton, and today is part two in the four-part series on Miranda. In part one, we talked about where Miranda warnings were derived from, the U.S. Constitution, and today we’re gonna talk about when law enforcement must provide you with those rights.
There are two pieces to that puzzle, and the first is custody. If you are in custody, that means you are either A, under formal arrest, or B, that your movements have been restrained to the point in which, objectively speaking, you feel like you’re under arrest or you’re not free to leave. So that’s custody, or sometimes referred to as Miranda custody, because it goes beyond just a formal arrest.
The second part of this puzzle is interrogation. So, this means if you are in custody and the police interrogate you prior to that interrogation, they are required to provide you your Miranda rights, which we went over in part one. Interrogation is any questioning or conduct by law enforcement that is either designed to elicit incriminating statements or those questions or conduct by law enforcement, which an incriminating statement is reasonably foreseeable based on their questioning or conduct.
What to Do If You Think You Should Have Been Mirandized
If you have been in custody and interrogated, those are the two pieces of the recipe, police must provide you with your Miranda warnings. However, if you have been in a situation where you think you should have been Mirandized or you are perhaps a suspect in a crime or been arrested for a crime, you’re gonna wanna speak to an attorney privately and confidentially about the facts of your case specifically.
To speak with somebody at my firm, you can reach us at postconviction.lawyer or you can get us on the phone at (918) 932-2833.
Get a Free Consultation with an Experienced Attorney
If you have concerns about your rights and want to discuss your case, we offer a free consultation. Contact us today to speak with an experienced attorney who can provide the guidance and assistance you need.
Call us now at (918) 932-2833 or visit our website at postconviction.lawyer to schedule your free consultation.