Miranda Warning Exceptions
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What Is a Miranda Warning?
A Miranda Warning is a procedure followed by the police when they take someone into custody for interrogation. If the proper warnings are not given, and a custodial interrogation occurs, then all statements made by the defendant are inadmissible and cannot be used in court.
The police must inform a suspect of the following:
- The right to remain silent when questioned.
- Anything said or done will be used against the suspect in court.
- The consequences of waiving Miranda rights.
- The right to retain an attorney or have an attorney appointed.
Are there Exceptions to the Miranda Warning?
There are not many exceptions to the Miranda warning, but the following are situations where Miranda warnings are not necessary:
- The police may question a suspect without reading Miranda warnings if the questioning is necessary for public safety.
- The police may ask standard booking questions.
- Miranda warnings are not necessary if the police have a jailhouse informant talking with the suspect.
Should I Contact a Criminal Defense Attorney?
You should contact a criminal defense attorney if you feel that your Miranda rights were violated. This area of criminal law is complicated, so the counsel of an experienced criminal defense attorney may be beneficial for your case.
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Last Modified: 12-11-2014 10:58 AM PST
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