What Are Miranda Rights?

Attorney Vincent Rivera
Everybody's familiar with Miranda warnings, but legally, they’re only necessary under certain circumstances.

A Way To Remember Is That Miranda Equals Custody Plus Interrogation.

A court determines whether or not you were in custody for the purposes of Miranda by asking whether or not your freedom was restrained in a significant way. There's not a bright-line rule here, and this is a case-by-case analysis.

It ultimately comes down to whether a reasonable person would have felt free to leave or not.

Miranda Rights Flow Chart by Rivera Law, LLC

Now, Being In Custody Alone Is Not Enough To Trigger Miranda.

For example, let's say you get picked up on a murder warrant. The officer picks you up, puts you in the back of the car, takes you to the police station. On the way to the police station, on your own, you say, "Yeah, I was there, but the guy was alive when I left."

That does not trigger Miranda, because the statement you made was not triggered by the police asking you anything.

In order for Miranda to apply, you have to be in custody, and you have to be subject to interrogation.

Miranda Rights on Wikipedia article.

How Rivera Law Can Help You

Vincent Rivera, Kansas Criminal Defense Lawyer

Vincent Rivera, Kansas Criminal Defense Lawyer

Vincent Rivera, a Founding Attorney and Criminal Defense Lawyer at Rivera Law, has an extensive understanding of the intricacies involved in the application of Miranda rights.

His experience in both State and Federal courts has honed his skills and knowledge to the point where he can assess a situation and determine whether or not your freedom was restrained significantly - a crucial factor in the application of Miranda rights.

His main focus is to tell your complete story, to ensure that you are seen as more than just a version depicted by the system. This is particularly important in a case-by-case analysis of Miranda rights, where a reasonable person’s perception of freedom becomes a determining factor.

Vincent is not just a seasoned attorney but also a legal educator, having received the Kansas Legal Educator Award twice. His experience and dedication to constantly improving his skills make him adept at assessing whether an interrogation has occurred, another crucial component in the application of Miranda rights.

His mastery in challenging REID interrogations can provide you with the assurance that your case will be thoroughly examined and your rights, firmly defended.

Vincent’s expertise extends beyond just understanding the law; he also knows how to tell your story effectively, ensuring that the judge and jury know the whole picture.

Vincent is a dedicated advocate who consistently pursues top-level training, keeping his knowledge and expertise up-to-date. This pursuit of excellence, combined with his passion for defending his clients, makes him a reliable ally in a complex legal environment. His teaching experience at Washburn Law’s Intensive Trial Advocacy Program and presentations to the Kansas Association of Criminal Defense Attorneys equip him with a deep understanding of the practical and theoretical aspects of law.

Whether you're dealing with a situation that involves Miranda rights or any other criminal charges, Vincent Rivera's experience, dedication, and leadership can help guide you through your legal journey, ensuring your story is heard and your rights are protected.