Exceptions to the Miranda Rule
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What Is the Miranda Rule?
The Miranda Rule is an important rule in criminal procedure. Anytime someone is being arrested on suspicion of committing a crime, they are to be read their Miranda rights. These have been popularized in movies and television shows, and include:
- The right to remain silent
- The right to request that an attorney be present during police questioning
- Be provided with an attorney if they can’t afford one
These are to be read by the arresting officer before the suspect is subjected to criminal interrogation and questioning. In addition, the suspect needs to be informed of the consequences of waiving their rights (i.e. "anything you say can be held against you in a court of law").
What Are Some Exceptions to the Miranda Rule?
- The suspect is being asked questions that are standard booking procedures
- The situation involves an emergency hostage situation or negotiation
- The person is unaware that they are speaking with a police officer
- The police questions is necessary for preserving public safety
- The person voluntarily agreed to meet and speak with the police, and the conversation is being taped in secret
In such situations, the person’s Miranda rights do not exist or are diminished. Thus, for example, the police can question a person who is holding someone hostage, even if they requested an attorney and their attorney has not yet showed up.
What If My Miranda Rights Have Been Violated?
Common ways that the Miranda rights can be violated include:
- A failure to read the rights when required
- Conduct by police that intentionally disregards the Miranda rights
- Reading the rights in way that is incorrect
Miranda rights basically have to do with interrogation rights. Thus, if Miranda rights have been violated, it usually means that the interrogation is botched and the evidence obtained from that interrogation can’t be entered into the trial record.
Should I Hire a Lawyer for Help with Miranda Rule Issues?
Miranda rights are a basic protection afforded to all criminal suspects, and need to be addressed properly in any investigation. It’s in your interests to hire a criminal lawyer if you or a loved one needs criminal representation. Your attorney can provide legal advice and can help ensure that your personal rights are not being violated. Proper representation is essential during any criminal trial.
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Last Modified: 10-03-2016 09:22 PM PDT
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