The Miranda Warning and Your Rights
Depending on your situation, not being informed of your rights prior to police questioning could affect the outcome of your case.
The police did not read me my rights when I was arrested, what should I do?
Potential and current clients often ask whether they have any recourse because the police did not “read them their rights.” The right answer depends on the circumstances.
What are these rights?
The rights most are referring to are contained within the Miranda warning. If you have ever seen an episode of Cops, or Law and Order, you have most likely to heard this warning. It goes “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
Why does the Miranda warning exist?
The Miranda warning exists because the Fifth Amendment of the United States Constitution states that “no person shall…be compelled in any criminal case to be witness against himself.” To protect this right, the United States Supreme Court in Miranda v. Arizona held that arrested suspects must be told that they have a right to remain silent and a right to an attorney prior to being interrogated by law enforcement. This gives those arrested a chance to understand and think about their rights before deciding to give any statements.
When do the police have to give the Miranda warning?
Generally, the police have to provide the warning if you are (1) in police custody; and (2) the police are going to interrogate you. Police custody means you have either been formally arrested or you are in circumstances that are similar to a formal arrest. You can be interrogated by the police asking you direct questions or if they make statements that are likely to elicit an incriminating response from you. However, police do not need to give you the warning just because you are arrested!
What if I was in custody and interrogated without a Miranda warning?
If you were (1) in custody; (2) interrogated; and (3) you made an incriminating statement, we may be able to get that statement thrown out. This means that the prosecutor would not be able to use the statement against you in your case. Depending on the situation, this could make it more difficult for the prosecutor to prove their case beyond a reasonable doubt. However, there are exceptions to the Miranda rule, so you should consult with an experienced criminal defense attorney who can give you legal advice for your specific situation.
The attorneys at Sieben & Cotter have been successful in winning Miranda issues in court. If you have been charged with a crime, act quickly. Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.