When you are read the Miranda warning, you will be advised of the following:

• You have the right to remain silent.

• Anything you say can and will be used against you in a court of law.

• You have the right to an attorney.

• If you cannot afford an attorney, one will be provided for you.

• Do you understand the rights I have just read to you?

• With these rights in mind, do you wish to speak to me?

When discussing Miranda rights, there are several factors considered in determining whether you should have been read them—for instance, whether you are in “custody” and whether you are being interrogated or questioned about matters related to your arrest.

Typically, an arrest triggers the requirement to read Miranda warnings; however, some situations may lead to a person being read their warnings before arrest. There are also instances where someone may be considered “in custody” even without being handcuffed or formally arrested. Below, I discuss each of the above-mentioned Miranda warnings to provide a better understanding of what they mean.

You have the right to remain silent

This means you can remain silent and choose not to make any statements or answer any questions posed by law enforcement. You may politely exercise this right by stating that you do not wish to make any statements without an attorney present. You do not have to say anything further after invoking this right. Typically, any further interrogation should cease.

Anything you say can and will be used against you in a court of law

Any statements you make—verbal or written—can be used against you in your case. Any confession may be used against you at trial. The officer will report any statements in the arrest affidavit, which will be submitted to the State Attorney’s Office, which prosecutes the case.

You have the right to an attorney

You have the right to have an attorney present during any interrogation and at all times during questioning. This right applies regardless of whether you currently have the financial ability to hire an attorney.

If you cannot afford an attorney, one will be provided for you

If you do not have the financial ability to retain an attorney to be present, one will be appointed for you by the court. You may simply state that you wish to have an attorney present.

Do you understand the rights I have just read to you?

This question ensures you understand all of the rights above. Any decision to speak with law enforcement after acknowledging that you understand these rights can be used as evidence of a knowing and voluntary waiver of your Miranda rights. This means that any statements and/or confessions may be admissible in court.

With these rights in mind, do you wish to speak to me?

Your answer determines whether you have waived the protections afforded by the Miranda warnings. If you choose to invoke your Miranda rights, the answer to this question should be no, and it should remain no.

This is often where issues of threats or coercion arise. If you decide to waive your Miranda rights by speaking to law enforcement and answering questions, any threats or coercion used may be considered by the court; however, your statements may still be admissible against you. Remember your right to remain silent.

Do you believe your case should be dismissed because you were not read Miranda warnings? While this may be true in some cases, it is not true in every situation. It depends on the specific circumstances of your case. For example, if Miranda warnings were not given, your statements to law enforcement may be excluded; however, other evidence collected may still be admissible.

Often, a case cannot be proven without the excluded statements. In those situations, the case could be dismissed. If you have been arrested and read Miranda warnings, carefully consider the possible consequences of waiving these rights. The key consequence is stated within the warnings themselves: “Anything you say can and will be used against you in a court of law.”

A skilled attorney can review your case and may be able to argue for dismissal or exclusion of evidence if Miranda warnings were not properly given. Contact Central Florida criminal defense attorney Brandon Gans today for a free consultation.