Anybody who has ever watched a cop/detective/lawyer show on TV knows what your Miranda Rights are. You know: You have a right to remain silent, anything you say can, and will, be used against in a court of law, you have the right to an attorney . . . and so on. These rights came about in 1966 from the United States Supreme Court in an effort to protect protect those held in custody and/or interrogated from being coerced to making false confessions. The main crux of your Miranda Warnings is that you have a right to an attorney ANY TIME your are in custody or ANY TIME the police are interrogating you. Also, you have the right to remain silent, and the police cannot force you to speak.
Until this year, three principles had to come from the Miranda Warnings. 1. you have to be informed that you had a right to an attorney while being questioned. 2. you did not have to tell the police you wanted to remain silent, keeping your mouth shut was enough. 3. once you invoked your Miranda Rights to stay silent and get an attorney the police could not question you about the alleged crime without your attorney present FOREVER.
This year, these strict sets of principles have been scaled back by three decision on the part of our Supreme Court.
First, the Court held that police do not have to tell you when you have a right to an attorney, only that you have a right to one. In other words, the police do not have to tell you that you have a right to an attorney while they interrogate you or hold you in custody.
Second, if you choose not to talk with police, that right to remain silent only lasts for 2 weeks. If you are arrested today and remain silent, the police must stop questioning you for two week. Before this year, that right lasted forever.
Third, sitting at the police station silent is no longer enough to invoke your right to remain silent. In what seems to be a rather illogical decision, the Supreme Court has held that in order to invoke your right to remain silent, you must actually tell the police you are invoking your right to remain silent. This seems a little backward.
In the end, if you are ever so unfortunate as to be arrested remember this: Regardless of what the police tell you, DO NOT TALK ABOUT ANYTHING. Never admit fault, do not deny fault, say nothing about the crime. Instead this is all you need to know and say it the moment the police finish reading your rights: “I AM GOING TO REMAIN SILENT, I WANT A LAWYER!!!”
Source: High court trims Miranda warning rights bit by bit