When you are the suspect in a criminal investigation, and if you are questioned by the police, you must be given Miranda warnings to ensure that any confession you offer is voluntary. Accordingly, the investigating police officer must inform you of your rights before you can be questioned.
In addition, the officer must confirm that you have waived your rights. After giving you the Miranda warnings, the officer will probably ask you two follow-up questions to ensure that you wish to voluntarily give a statement.
If the officer does not review the Miranda warnings and the Waiver with you before you give a statement, it is very likely that your confession cannot be introduced against you at trial.
MIRANDA WARNINGS
You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to talk to a lawyer and have him present with you while you are being questioned.
If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish one.
You can decide at any time to exercise these rights and not answer any questions or make any statements.
WAIVER
After the warning and in order to secure a waiver, the following questions should be asked and an affirmative reply secured to each question:
Do you understand each of these rights I have explained to you?
Having these rights in mind, do you wish to talk to us now?
