The Bottom Line on the Miranda Warning

While many Oklahomans have heard of the Miranda warning, not all realize its purpose, meaning, and implications for a criminal case.

What Is the Purpose of the Miranda Warning?

The Miranda warning alerts people who are being held in custodial interrogation by the police of their rights, including:

• The right to remain silent,
• The right to consult with an attorney and have the attorney present during police questioning, and
• The right to have an attorney appointed if you are unable to pay for one.

What Is the Meaning of the Miranda Warning?

In theory, the Miranda warning is supposed to prevent a situation when someone is arrested for a crime or detained, then questioned by the police, without being alerted of his or her rights. In practice, police do not have to give the warning unless someone is held in “custodial interrogation”. This is a specific legal term that refers to the time after a suspect has been arrested, or any other time when someone is not free to leave the custody of the police.

What Are the Implications of the Miranda Warning for a Criminal Case?

Because the Miranda warning is not required before custodial interrogation occurs, many people may not be aware of their rights until it is too late. Police may slip in questions that go to the heart of the suspected crime prior to any custodial interrogation, in an effort to get incriminating evidence before reading the Miranda warning.

For example, police do not have to read the Miranda warning at a traffic stop unless someone has been arrested or is being detained for longer than usual. Officers may ask a driver lots of questions prior to making an arrest or issuing a citation, and the answers to those questions can all be used against the driver.

Further, police may delay in making an arrest or detaining a suspect in a drug case, in order to ask the suspect more questions and gather more incriminating evidence. Keep in mind that you can hire an attorney even if you have not been charged with a crime, to help protect you during questioning. The Miranda warning alerts you of your rights at the time of arrest, but you can be proactive at any stage of the case.

To learn more about the Miranda warning in DUI cases, seek out the DUI attorney who follows key changes in Oklahoma law to find the best defenses for his clients. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.