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:

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?

There are some exceptions to the Miranda Rule, in which an interrogation can legally occur without the detainee being read their Miranda rights first. These include situations such as:

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:

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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