Most of us know about our Miranda Rights, you know your right to remain silent.  The right to have an attorney present during questioning, but most us are less clear about when and where those rights apply.  Law enforcement must warned you about your Miranda Rights whenever you are a suspect or questioned in a criminal manner and held in police custody.  Often figuring out whether you are in police custody is the hard part, but the concept is simple.  You are considered to be in police custody and entitled to Miranda Rights warnings if a reasonable person would believe that his or her freedom to leave the situation is restrained.  Regardless of whether the police have formally arrested the person.  The failure to properly give someone their Miranda warning may have serious implications in prosecuting someone for a crime.

As a Legal Shield member when you have questions just pick up the phone and call your provider attorney.

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