Should you talk to the police (Miranda Warning)
One of the first questions that comes up when a person is confronted by the police is, "Do I talk to them?" In the case of Arizona versus Miranda the United States Supreme Court said that the police can’t question a person in custody without giving him what has become known as the Miranda Rights. The police must inform you that you have the right to remain silent and the right to have an attorney present before answering questions and if you can’t afford an attorney one will be provided before questioning will begin. However, if you answer the police questions after being given your Miranda Warnings then your answers can, and will be, used against you in a court of law.
It must be noted that the Miranda Warnings only apply if the suspect is in custody. If you are not in custody then the police don’t have to give you the Miranda Warnings and anything you say to them can be used against you.
Most people believe that if the police don’t give them the Miranda Warnings then they can’t be arrested or convicted of a crime and what they say can't be used against them. That is not true. The Miranda Warnings only apply to statements made while in police custody.
Therefore, if you have any doubt, the most prudent course a person can take is to consult with his attorney before talking to the police at all. The information contained in this message is general and should not be substituted for the advice and counsel of a licensed attorney.