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Miranda Rights

Legal Advise for Miranda Rights

Before the police can interrogate you about any criminal wrongdoing, you must be advised of your Miranda rights. The police must advise you that you have a right to have an attorney present during questioning and that anything you say can be used against you in a court of law. Two factors must be present to trigger the Miranda warnings requirement. First, you must be in police custody, which does not necessarily mean under arrest. If you are not free to leave from your encounter with police, then you are in police custody. Second, the police are the ones questioning you about criminal conduct. If the police question you while in custody without advising you of your Miranda rights, we can move the court to throw out all your statements from evidence.