One thing most people can quote off the top of their heads is the Miranda rights as outlined by Hollywood on TV. Because we watch these shows, we often think this is how it is supposed to be in real life. It is not.

There seems to be a misunderstanding about Miranda rights. When I meet with clients charged with a crime, the first thing many people say to me is “they didn't read me my rights.” I always have to tell them this is real life and not TV. To help clear up some of the confusion, I am going to give a brief rundown of Miranda rights — what they are and when they should be given.

The Miranda doctrine originates from the Fifth Amendment to the Constitution. They are implied rights that can be found in the self-incrimination clause. There are four core Miranda warnings. The four warnings are familiar to most people. They are, 1) you have the right to remain silent, 2) anything you say can and will be used against you in a court of law, 3) you have the right to an attorney, and 4) if you cannot afford one, you have the right to have an attorney appointed for you.

Miranda warnings are necessary when a person is in a custodial interrogation. To have custodial interrogation, a person must be in custody of law enforcement and be interrogated, or questioned. A person is in custody when a person's freedom of action is significantly limited by police domination.

Interrogation is any conduct by police that they knew, or should have known, was likely to elicit an incriminating response; however, if a person makes an incriminating statement spontaneously, then the Miranda doctrine does not apply. If you just randomly tell the police something, Miranda warnings were not required and that statement can, and will, be used against you.

There is an exception to the Miranda doctrine. When public safety is involved and custodial interrogation results because of an immediate concern for public safety, the police do not have to give Miranda warnings. Any incriminating statements can be used against the suspect in this situation.

Often people waive their Miranda rights. There are two requirements for a valid Miranda waiver. The first is that the waiver must be knowing and intelligent. This means that the suspect understands the rights and the consequences of waiving them. The second is that the waiver must be voluntary. It cannot be a product of police coercion.

When a person invokes their right to remain silent the police can resume questioning later if they honor the earlier request not to answer questions and obtain a valid Miranda waiver before starting again. When a suspect asks for a lawyer, all questioning must stop unless discussion is initiated by the suspect.

If you are ever in doubt, you should ask for an attorney to discuss your options and the consequences of talking with law enforcement.