Standard Miranda Warning
Adult suspects β all arrests requiring custodial interrogation
Standard
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1You have the right to remain silent.5th Amendment β protection against self-incrimination
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2Anything you say can and will be used against you in a court of law.Waiver of silence means statements become admissible evidence
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3You have the right to an attorney.6th Amendment β right to counsel
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4If you cannot afford an attorney, one will be appointed for you.Gideon v. Wainwright β indigent defendants entitled to counsel
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5Do you understand the rights I have just read to you?Acknowledgement must be voluntary, knowing, and intelligent
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6With these rights in mind, do you wish to speak to me?Waiver question β must be answered affirmatively before questioning
Record Acknowledgement
Subject's response to Miranda advisement:
Juvenile Miranda Warning
Subjects under 18 years of age β requires parental notification
Juvenile
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1You have the right to remain silent. You do not have to answer any questions or say anything to me.Simplified language for juvenile comprehension
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2Anything you say can be used against you in court, including juvenile court.Statements admissible in both adult and juvenile proceedings
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3You have the right to have a parent or guardian present during questioning.Maine law β juveniles may request parental presence
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4You have the right to talk to a lawyer before answering any questions.Right to counsel applies equally to juvenile suspects
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5If you cannot afford a lawyer, one will be provided for you at no cost.Public defender available for juvenile proceedings
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6Do you understand what I just told you?Comprehension check β re-explain if subject appears confused
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7Do you want to talk to me now, or would you like to wait for a parent or attorney?Give juvenile adequate time to respond β do not pressure
Record Acknowledgement
Juvenile subject's response:
Spanish β Advertencia Miranda
Aviso de derechos Miranda en espaΓ±ol
EspaΓ±ol
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1Usted tiene el derecho de guardar silencio.You have the right to remain silent.
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2Todo lo que diga puede y serΓ‘ usado en su contra ante un tribunal de justicia.Anything you say can and will be used against you in a court of law.
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3Usted tiene el derecho a un abogado.You have the right to an attorney.
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4Si no puede pagar un abogado, se le nombrarΓ‘ uno antes de cualquier interrogatorio, si asΓ lo desea.If you cannot afford an attorney, one will be appointed for you.
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5ΒΏEntiende usted cada uno de estos derechos que le he explicado?Do you understand each of these rights I have explained to you?
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6Teniendo en cuenta estos derechos, ΒΏdesea usted hablar conmigo?Having these rights in mind, do you wish to speak with me?
Officer Reference Notes
When to read Miranda, common mistakes, and invocation rules
When Miranda IS Required
Subject is in custody AND being interrogated. "In custody" means a reasonable person would not feel free to leave.
When Miranda is NOT Required
Routine traffic stops (not in custody). Voluntary on-scene questioning. Spontaneous statements made without interrogation. Booking questions (name, DOB, address).
Invocation β Stop All Questioning
If subject clearly invokes β "I want a lawyer" or "I'm not talking" β questioning must stop immediately. Do not continue, do not ask clarifying questions. Document the exact words used.
Waiver Requirements
Waiver must be: (1) Voluntary β no coercion, (2) Knowing β subject understands the rights, (3) Intelligent β subject is capable of understanding. Document affirmative verbal or written waiver.