What are your Miranda Rights in Wisconsin

Most people are familiar with Miranda rights from crime movies and TV shows. However, entertainment media doesn’t always get the circumstances surrounding those words correct. Officers do have to read you your rights in specific circumstances, but there are times when an officer can question you, legally, without having to read those Miranda rights in Wisconsin.

You Must Be in Custody

An officer doesn’t have to read you the Miranda rights unless you’re in custody. “In custody” is generally thought to be a situation in which you can’t leave or don’t reasonably feel like you can leave. If an officer stops you, and you ask if you are free to go and the officer says yes, you aren’t in custody. But that also means the officer can question you without reading you your rights.

Interrogation in Custody

“Interrogation” is a harsh word, but what it really means is questioning that could result in incriminating responses. If a police officer asks you your name, that’s not interrogation because simply stating your name wouldn’t incriminate you. But if they detain you or place you in custody and start asking questions about where you were when a crime took place, your answers could be incriminating, and they’d need to read you your Miranda rights before the interrogation began.

Interrogation Without Custody

Again, the Miranda rights apply only when you are both in custody and about to undergo interrogation. An officer who has not placed you in custody can question you and use those answers against you without reading you those rights. What you say when not in “custody” can be used against you in court.

The Rights Must Be Read Correctly

Miranda rights are not just general rights. The term refers to a specific paragraph  — technically, it’s called the Miranda warning — that details four specific rights. If you aren’t read all of those rights, that could affect your case.

If you’ve been arrested and think you didn’t receive Miranda rights properly, contact Eisenberg Law Offices at (608) 256-8356. Miranda rights can be a tricky subject to deal with, and an attorney can see how your experience might affect legal proceedings.