When an individual is arrested, the law enforcement officer is required to read the Miranda Warning if he or she intends to interrogate the suspect:

“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?”

If you are read the Miranda Warning, here are some important things you should know:

  • If you indicate that you wish to remain silent, the law enforcement officer must stop questioning you.
  • You must give a clear, firm, respectful indication that you would like to remain silent until an attorney is present. Do not lie to the police or try to explain or justify anything; simply state that you would like to remain silent.
  • If you state that you want an attorney, the interrogation must come to a stop until your legal representation arrives and you have had the chance to talk matters through.
  • This exists to protect you from self-incrimination and doesn’t apply to details like your name, age and address.
  • If public safety is a concern, then any information is fair game and permissible in court whether the Miranda Warning is read or not.
  • Likewise, a police officer may still search your person for his or her safety. It’s not advisable to consent to a search of your home or vehicle if you’re asked without an attorney present, but it’s unwise to resist a search.
  • If you confess before the officer has the chance to read the Miranda Warning to you, this confession is allowed to be used in court.
  • If you waive your right to remain silent but later change your mind, you may do so.
  • If the law enforcement officer fails to adhere to Miranda Warning protocol, this greatly increases the chance that some evidence will be overturned.

If there is any indication you are suspected of a crime, it’s safest to remain silent until you can discuss your case with an experience Criminal Defense Attorney – no matter what the police may tell you. Your silence can’t be used against you.

But remember that the Miranda Rights do not apply to you if you’re not in custody or not being questioned by police, so any information you give can be used against you in those cases.

Having an experienced Wisconsin criminal defense lawyer present can help prevent you from giving any information that can be used against you at a later time. The attorneys of Huppertz & Powers, S.C., offer over 40 years of combined experience in negotiating plea deals, reducing felonies/misdemeanors and arguing favorable sentences to the court on their clients’ behalf.

Call us today at 262-549-5979 to schedule a 100% free and confidential initial consultation.

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