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If you have found this page through a search engine listing the phrases above, I wanted to skip to the answer to your question to save you some time. The following statements are general guidelines and may not be relied on as legal advice . If you have an active case, give us a call. The Courts require the Miranda Warning to be given under two conditions: The person must be in custody; and The person must be under interrogation. Police are not required to read your rights before or during arrest. Many people are under the impression that once an arrest has been made and they are in custody, there is some mandatory rule that the arresting officer must administer the Miranda Warning immediately. They are under the mistaken belief that a failure to give the warning will result in their case being dismissed. There are many interactions with police where they may ask you questions without any warnings. Some examples of police asking for information without warning and where your answers might very well be used against you are as follows: A policeman approaches you on the sidewalk and asks if the drugs on a nearby bench are yours. Since the officer is in the investigative stage and you are not in custody, your answer in the affirmative can probably be used against you as an admission. An officer pulls you over for weaving from lane to lane. The officer asks you how much you’ve had to drink. Though you have been stopped and are probably not free to go, the officer is still in the investigative stage. Your answer admitting to drinking a six-pack will probably be used against you. What are the Miranda Rights? You have a right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney. You have the right to have an attorney present during questioning. If you cannot afford an attorney, the court will provide you with one. We have all heard those rights on TV shows and movies throughout our lives. Most of us can recite these rights verbatim without a hitch. Why, then, do so many people forget them when dealing with the police? One comedian mused that “we have the right to remain silent…just not the ability. (Ron White) People get nervous during interactions with the police and think that they can talk themselves out of trouble. My general advice is to think about your situation. If you feel answering a question might lead to prosecution or be used against you, then exercise your right to remain silent. It’s OK to say I want to cooperate, but I want to consult with an attorney first. Side note: If you are in police custody, you will most likely be taken to the local jail. There will be a phone system that you may have access to call your family, friends, and even your attorney. There are invariably recordings as you make your call that: all calls are subject to being monitored . It is wise to avoid any conversations with anyone concerning the facts of your case on a jail phone . Those conversations can and will be used against you, even without Miranda warnings. Wait until you can talk to your lawyer on a secure line.