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Miranda Rights in Oklahoma Criminal Law
When you hear someone refer to "Miranda Rights" they are referring to a decision issued by the United States Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966). The "Miranda Rights" that are given is lsited below:
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?
Miranda Rights protect individuals who are in custody and being questioned by the police. The police are not required to inform a suspect of his or her Miranda Rights if they are not in custody, or are in custody but are not being questioned by the police
The Miranda decision only applies to statements that are made in response to questioning by the police while a suspect is in custody. Sometimes suspects will tell the police something that is incriminating without the police asking a question or when they are not in custody. These statements cannot be suppressed on the basis that the police failed to read the defendant his or her Miranda Rights.
Most law enforcement agencies not only read a defendant their rights, but also have a rights waaiver form. An example of a rights waiver form is below: