What are miranda rights ?

The Miranda warning/rights are part of a preventive criminal procedure that requires law enforcement to advise a suspect in custody and subject to direct questioning (or the functional equivalent) of certain constitutional rights (i.e. 5th Amendment right against compelled self-incrimination). In short, a suspect must be informed that he/she has the right to:

  • Remain silent
  • Have an attorney present during questioning
  • Have an attorney appointed if one cannot be afforded