Which statement is NOT included in the Miranda Warning?

Which statement is NOT included in the Miranda Warning?

• A. Anything you say can be used against you.
• B. You have the right to remain silent
• C. If you cannot afford an attorney, an attorney of your choice will be appointed for you.
• D. You have the right to an attorney

Answer: (C)

The essential idea is understanding what rights the Miranda warning communicates to someone being questioned and how counsel is provided. The warning clearly tells you that you have the right to remain silent and that anything you say can be used against you, and it also affirms your right to have an attorney present during questioning. Regarding counsel, the warning states that if you cannot afford an attorney, one will be appointed for you. What is not part of the warning is the idea that you can have an attorney of your choice appointed for you. In practice, when someone cannot afford a lawyer, the court or the state provides a court-appointed attorney, not a lawyer of the person’s choosing. Thus, the statement about selecting an attorney of your choice being appointed is not included, while the other rights and the guarantee of appointed counsel are.

The essential idea is understanding what rights the Miranda warning communicates to someone being questioned and how counsel is provided. The warning clearly tells you that you have the right to remain silent and that anything you say can be used against you, and it also affirms your right to have an attorney present during questioning. Regarding counsel, the warning states that if you cannot afford an attorney, one will be appointed for you. What is not part of the warning is the idea that you can have an attorney of your choice appointed for you. In practice, when someone cannot afford a lawyer, the court or the state provides a court-appointed attorney, not a lawyer of the person’s choosing. Thus, the statement about selecting an attorney of your choice being appointed is not included, while the other rights and the guarantee of appointed counsel are.