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Understanding the Miranda Rights – Part Two

In Part One, we went over the history and the basics of Miranda Rights. In a brief overview, we covered what exactly the Miranda Rights are and why they are imperative to know about to protect your rights. The Miranda Rights can be a bit of a sticky area because it can depend on a few factors. If you’re not in custody and you say something that might help the police officer’s case and incriminate you, then that can be used even if the Miranda warning isn’t voiced. To ensure your rights are being upheld, we’ll dive a little further into understanding your rights. If you’ve found yourself in custody and need a lawyer, then don’t hesitate to call on a criminal lawyer at Roselle & Breitigam, P.C. We are here to help protect your rights.

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In today’s blog by Roselle & Breitigam, P.C, we’ll go over when Miranda Rights don’t apply. Yes, there are certain situations where Miranda Rights do not apply. We touched a little on this subject in our previous blog, but we wanted to ensure that you’re aware of these situations, so we are going to explore them more in-depth. While you still have rights, there are certain situations that restrict you. You’ll find two different situations when Miranda Rights don’t apply. It’s crucial to remember these events, so you can stay safe and eliminate the opportunity of having evidence brought against you.


The first situation is while you’re in police custody. Police custody is a pretty broad term but refers to any time that an officer prohibits any opportunity for you to take freedom of action in any type of way. This means that if you are in a police station and a cop tells you that you can’t leave, then you’re in police custody. In laymen’s terms, police custody is when you’ve been arrested. Keep in mind if you’re out of state and you get arrested there are certain places that treat detention separately than an arrest and a Miranda warning aren’t required. An arrest has to take place prior to a police officer needing to give you the warning. For example, a traffic stop or an officer talking to you and asking you a question isn’t considered to be an arrest.


A Miranda warning has to come prior to you being interrogated. Before an interrogation by a police officer has started, you don’t really need a warning. For example, if you’re riding in the back of a cop car and you’re talking to the officer about nothing, in particular, they don’t need to give you the Miranda warning. If they’ve brought you to a room to talk to you and still haven’t told you some form of the Miranda warning, then the information you say can’t hold up in a court of law. Keep in mind that an interrogation doesn’t necessarily mean a police officer asking for identification or asking you a quick question. An interrogation begins when a police officer starts to ask you questions that demonstrate that you were involved in a crime.


Keep in mind that even though you know not to say anything in the heat of the moment while getting arrested, it can be difficult to remember that. When you get arrested, you feel a lot of adrenaline. A million things are running through your head. Whether you committed the crime or not, getting arrested can be a scary moment. People will blurt admissions out or allow the police to bait them into giving an admission. The best piece of advice we can give you is to be silent, cooperative, hand over-identification, and always, always request a lawyer.

Roselle & Breitigam, P.C. is a Fort Collins, CO law firm, that’s dedicated to helping to protect your rights. Whether you’re a student who has been charged and can face disciplinary hearings and possible suspension or you’re an adult who had a little too much to drink and got in a car one night, our criminal lawyers are here to help you. We have the necessary experience — over 20 years in fact — we are able to find various alternatives for our convicted clients. Regardless of what you’re being charged with, we will help you get the best possible outcome and figure out a strategy that is beneficial for your future. We deal with felony and misdemeanorstheft and property crimes, and more. Contact us today for our legal help.