"You Have the Right to Remain Silent ..." What exactly does that mean, and what happens if they don't explain it?


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Video Transcription

You as a citizen are entitled to know your rights before law enforcement can make you talk to them. The purpose of the Miranda warning is to number one, afford defendant’s a right against self incrimination. You have the right to remain silent, anything you say can and will be heard against you in the court of law. You have to tell me that I have a right to remain silent. You have to tell me that anything I say can and will be used against me. You have the right to have an attorney present before and during any questioning. You have to tell me that I have a right to a lawyer present during questioning. If you cannot afford an attorney, one will be appointed to you free of charge. You have to tell me that if I cannot afford one, you will get me one. The Supreme Court said before a person can be questioned, he must be told this so he cannot be intimidated into questioning an ignorance of his rights. Once I know because you have told me that I do not have to talk to you and that I can have a lawyer present, maybe I will take those says the Supreme Court. That is what Miranda is and that needs to take place typically on the street because anything that would be said while the officer was transporting the person, if they were not Mirandized at that point, it could be an issue where the statement could not be used. If the police do not give those warnings, then by enlarge, they are not going to be able to introduce that statement against you. Do understand these rights, sir? Yes, sir!