<Li> if the defendant decides to talk to the police, the right to consult with a lawyer before being interrogated, </Li> <Li> the right to answer police only through an attorney . </Li> <P> The circumstances triggering the Miranda safeguards, i.e. Miranda warnings, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest . Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response . Suspects in "custody" who are about to be interrogated must be properly advised of their Miranda rights--namely, the Fifth Amendment right against compelled self incrimination (and, in furtherance of this right, the right to counsel while in custody). The Sixth Amendment right to counsel means that the suspect has the right to consult with an attorney before questioning begins and have an attorney present during the interrogation . The Fifth Amendment right against compelled self incrimination is the right to remain silent--the right to refuse to answer questions or to otherwise communicate information . </P> <P> The duty to warn only arises when police officers conduct custodial interrogations . The Constitution does not require that a defendant be advised of the Miranda rights as part of the arrest procedure, or once an officer has probable cause to arrest, or if the defendant has become a suspect of the focus of an investigation . Custody and interrogation are the events that trigger the duty to warn . </P>

When do you read someone their miranda rights