Criminal Defense

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When do the police have to advise me of my rights (“Miranda warning”)?

Only during custodial interrogation. Your “miranda rights” only apply when you are in police custody (a reasonable person would not feel free to leave) and law enforcement is asking you questions or conducting themselves in a way to produce testimony. Officers do not need to Mirandize you when you are being arrested. This is a trick that is often used to make people talk during the ride to the station. If the officer is not questioning you, Miranda does not apply.

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