The Right to Remain Silent The "right to remain silent" is well-known to anyone who watches movies or TV shows about police, but the constitutional rights that the statement represents are not always very well understood. The Fifth Amendment to the U.S. Constitution protects people from being compelled to give testimony that could incriminate them.. Vou have the right to remain silent. Anything you say can and will be used against you in a court of law. Vou have the right to an attorney. If ou cannot afPord an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? Federal Courts' Educational Resources

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A "Miranda warning" refers to the warnings that a police officer is required to give to a detainee based on constitutional requirements.. The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona, 384 US 436 (1966).In Miranda, the Court held that a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant.. Police must inform arrestees of the following Miranda rights: You have the right to remain silent. If you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so.