5th Amendment · Miranda
Police, arrests and criminal cases: know your rights
What you can say and refuse when police want to talk to you, stop you or arrest you, how to get a lawyer, and how to clear or seal a record later. Federal rules first, with state differences noted.
Key points
- Your rights
- You generally do not have to answer police questions about what happened, and you can ask for a lawyer before and during questioning.
- Say it
- Staying quiet alone may not be enough. Say out loud that you are using your right to remain silent and that you want a lawyer.
- The warnings
- Police must give the Miranda warnings before they question someone who is in custody. Outside custody they can ask without warning you.
- Free help
- If you are charged and cannot afford a lawyer, ask the court for a public defender.
Guides in this area
- Your rightsYour right to remain silent with policeYou generally don't have to answer police questions, but staying quiet isn't enough. The exact words to use, your Miranda rights and when to ask for a lawyer.
- Your rightsYour rights when police stop you while drivingWhat police can and can't do when they pull you over: getting you out of the car, searches, ID, dog sniffs, staying silent, and the exact words to use.
- How toArraignment: what it is and what happens at the hearingWhat an arraignment is and what happens there, step by step: the charge, your rights, the plea, bail, how soon you see a judge, and the rules in CA, TX, FL and NY.
- How toDUI and DWI: the license case and the court case after an arrestWhat a DUI or DWI is, the 0.08 limit, refusing a test, license suspension, the court case and first-offense penalties in California, Texas, Florida and New York.
- Your rightsGetting a public defender: who qualifies and how to askWho qualifies for a public defender, how to ask at your first court date, the financial form, and fees or repayment in California, Texas, New York and Florida.
- How toExpungement: clearing or sealing a criminal recordExpungement means clearing or sealing a criminal record, and each state sets its own rules. What usually matters, how to start, and examples from four states.
- How toSpeeding ticket: pay it, fight it, or take a traffic courseA speeding ticket in plain English: pay, fight or take traffic school, the deadlines, and how points work in California, Texas, Florida and New York.
Short answers, with the law behind them
Do I have to answer police questions?
Generally no. The Fifth Amendment protects you from being forced to be a witness against yourself, so you do not have to answer questions about what happened. U.S. Const. amend. V
Do police have to read me my rights?
Only before they question you while you are in custody. If you are not in custody, police can ask questions without giving the Miranda warnings. Miranda v. Arizona, 384 U.S. 436 (1966)
Is staying silent enough to use the right?
Not always. Say clearly that you are using your right to remain silent; simply not answering may not be enough. Berghuis v. Thompkins, 560 U.S. 370 (2010)
What happens after I say I want to remain silent?
Once a warned suspect says at any time that they want to remain silent, the interrogation must stop. Miranda v. Arizona, 384 U.S. 436 (1966)
What happens after a DUI or DWI arrest?
Usually two cases start. Your license can be suspended in a separate license case unless you ask for a hearing in time: within 10 days in California and Florida and 15 days in Texas. The criminal case starts with your first court date. See DUI and DWI. Cal. Veh. Code § 13558 · Fla. Stat. § 322.2615 · Tex. Transp. Code § 524.031
What happens at an arraignment?
The court tells you the charge and asks how you plead: guilty, not guilty or, with the court's consent, no contest. You are told your rights, including the right to a lawyer, and the judge decides on release. After an arrest, you must see a judge without unnecessary delay: within 48 hours in California and Texas, and within 24 hours in Florida. See Arraignment. Fed. R. Crim. P. 10, 11(a)(1) · Cal. Penal Code § 825 · Tex. Code Crim. Proc. art. 15.17 · Fla. R. Crim. P. 3.130
Can I get a lawyer if I cannot afford one?
If you are charged with a crime and cannot afford a lawyer, one can be appointed for you. Ask the court about a public defender. See Getting a public defender. U.S. Const. amend. VI · Gideon v. Wainwright (1963)
Can I get my criminal record expunged?
It depends on your state: each state decides which records can be cleared or sealed, after how long, and what the process is called. Federal law allows expungement only in narrow cases. See Expungement. State law · 18 U.S.C. § 3607(c)
Should I pay or fight a speeding ticket?
Paying is treated as a conviction in California and as admitting the infraction in Florida, and it can add points to your driving record. To contest the ticket, you plead not guilty by the date on the ticket or the court's notice. If you qualify, a course can keep the ticket off your record: traffic school in California, a driving safety course in Texas or a basic driver improvement course in Florida. See Speeding ticket. California Courts: traffic tickets · Cal. Veh. Code § 1808.7 · Tex. Code Crim. Proc. art. 45A.352 · Fla. Stat. § 318.14
Where to complain, for free
Other areas of US law
Official sources
- US Courts: Facts and case summary, Miranda v. Arizona uscourts.gov
- Constitution Annotated: the Fifth Amendment constitution.congress.gov
- Constitution Annotated: asserting the Miranda rights constitution.congress.gov
- US Department of Justice: Civil Rights Division, report a violation civilrights.justice.gov
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.