What Are Miranda Rights?Miranda rights require that a suspect in police custody be advised of certain constitutional rights before being interrogated. A suspect must be informed that he has the right to: - Remain silent
- Have an attorney present during questioning
- Have an attorney appointed if one cannot be afforded
Can I Be Arrested without Being Read My Miranda Rights?Yes. Miranda rights only protect against incriminating oneself during custodial interrogation. All the police need to arrest someone is probable cause. The police are only required to read the Miranda rights when interrogating a suspect in police custody. The police are aware of when Miranda rights need to be read and many times will question a person without placing that person under arrest. Will My Case Be Dismissed if the Police Do Not Read Me My Miranda Rights?No. The police must advise a suspect of his Miranda rights only before beginning a custodial interrogation. Routine questions to establish identity such as name, address, and social security number will not require a Miranda warning. Statements made before arrest and voluntary statements made after being arrested do not violate the Miranda rights as long as the police do not deliberately extract those statements. If the police conduct a custodial interrogation without first giving the Miranda warning, the statements obtained during the improper custodial interrogation may be excluded from being used against you. There is also a possibility of bringing a civil action based on the deprivation of your rights. What Happens if I Invoke My Miranda Rights?Police interrogation is to stop immediately upon exercising the right to remain silent or by requesting an attorney. The police may not return to question a person if he requests an attorney. However, the police use many techniques to get suspects to change their minds about remaining silent. Do You Need a Lawyer Experienced with Miranda Rights? If you have been questioned by the police you should speak with a criminal defense lawyer immediately to learn more about your rights, your defenses, and the complicated legal system. A criminal defense attorney can help identify exactly what statements should be excluded from court and determine whether you have the ability to sue the police. |
