The Miranda warning is usually given when a person is arrested, though the Miranda Rights attach during any “custodial interrogation" (when a person is substantially deprived of their freedom and not free to leave) even if the suspect hasn't been formally arrested and are based on the Fifth Amendment right against self-incrimination.
Being Questioned vs. Being Interrogated
If you feel you are free to go, you are present of your own free will and you have not been charged, you are probably being questioned in a non-custodial environment.
On the other hand, if you have been arrested, or if you have been detained and do not feel you are free to leave, or you have been given your Miranda rights, you are likely legally in police custody and are therefore being interrogated.
Any statements you make during a custodial interrogation can be used against you as long as the police have read you your Miranda rights and you have waived the right to keep silent or have an attorney present.
However, statements you make in response to non-custodial police questioning can still be used against you if the Miranda warning hasn't been given because Miranda rights only attach to custodial interrogations.
What are the basics of Miranda rights and when do the police need to read them to you? Understand your rights before you waive them. Find out more at LawInfo.com.
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