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The Supreme Court recently confirmed that Miranda warnings are constitutionally required because of a 1966 case called Miranda v. Arizona. When a person is in custody, some version of the Miranda rights, such as the following, is read to the individual before questioning: "You have the right to remain silent. If you give up 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 desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning." The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. Many people feel obligated to respond to police questioning. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney. If the Miranda warning is not given before questioning, or if police continue to question a suspect after he or she indicates in any manner a desire to consult with an attorney before speaking, statements by the suspect generally are inadmissible. However, it may be difficult for your attorney to suppress your statement or confession in court. The best rule is to remain silent. You have the right to an attorney. Insist on it.
Charles Miranda was a person who was arrested by police and not given any formal warnings as to what the consequences could be if he makes a statement to the police, especially one that incriminates himself. The two basic Miranda warnings are that you have the right to remain silent and the right to an attorney being present when making a statement. It further states that any time during the questioning you can remain silent and not answer any questions, the police cannot make any threats, coercion, or promises in order to induce you to make a statement: the statement must be of your own free will. It also states that you have the right to a court appointed attorney if you cannot afford one. Finally, it states that any statement you do make to the police can be used against you in trial.
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