It is not mandatory to use the Miranda Warning, it is simply a right each person has and can use to his/her advantage. The accused may come to the police station voluntarily and answer any questions about name, address, age, and any other personal data in general without the need for a Miranda Warning. However, if you are being accused and arrested by a law enforcement officer, it is always recommended that you make use of your Miranda Rights.
An arrest is the detainment and physical act of putting under custody of an individual by a law enforcement agent. This does not mean you have been found guilty of a crime. The prosecutor will have to inform you later about whether you are being charged of any crime. Even if the prosecutor decides to charge you with a crime, the charges may be dismissed at the end of the process. Sometimes individuals may face charges, attend a criminal trial, and be acquitted at the end. So you must be clear about the fact that even though you may get arrested, you have not been convicted because you have not been found guilty of the crime at this point. A conviction is when you have been through the court process and been found guilty of a crime. Regardless of the severity of the crime, if you are convicted it will show on your criminal records when a background check is performed. This is regardless of whether or not you spend any time in jail since there are other ways of paying a sentence, such as through fines, voluntary serviceid, and so on.
You should know that it is very important to tell the truth, especially when speaking to your attorney since these conversations are protected. The client is usually an attorney's best resource of information for the case, as he/she will provide the greatest amount and most valuable information.
All those accused of a criminal offense need a lawyer. Even if you are innocent you need to be represented by a lawyer in the criminal process to ensure that your rights are protected. There are cases of innocent people who have gone to jail convicted of a crime they never committed, so the best way to prevent a terrible mistake like this one is to have an attorney who specializes in the criminal area.
They can, but it is illegal. Police officers are required to read the Miranda Warning to individuals who are being arrested.
The Miranda Warning is the benefit offered to any person who is being arrested for any criminal cause, giving them the right to remain silent until a defense attorney is present. If the individual does not have the means necessary to pay an attorney, the state will assign a free public defender. In addition, police officers are required to read the rights in a language that will allow the accused to fully understand what exactly he/she is being accused of and what their rights are.
The Miranda Rights were established in 1966 by the U.S. Supreme Court of Justice.