Miranda Rights: What Happens If the Police Don’t Read You Your Rights
October 10, 2024 | Ahmed & Sukaram, Criminal Defense Attorneys
Many people believe that if the police don’t read their rights to them when they arrest them, the whole case must be thrown out. This is absolutely not the case, and it’s important for the defendant to understand what Miranda rights really are.
What Are Miranda Rights?
The first thing to understand is what exactly Miranda Rights are. The Miranda warning, derived from the U.S. Supreme Court’s decision in Miranda v. Arizona, requires law enforcement officers to inform individuals of their rights before any custodial interrogation begins. The following are the primary aspects of your Miranda Rights:
The Right to Remain Silent
Upon being taken into custody, you are informed of your right to remain silent. This ensures that you are not compelled to incriminate yourself, as the statements you make can be used as evidence in court proceedings.
The Right to Legal Representation
During an interrogation, you are entitled to have a legal representative present. This right safeguards you against any coercive questioning practices and ensures you don’t make any decisions without speaking with a lawyer first.
Access to a Lawyer, Regardless of Financial Status
If financial constraints prevent you from hiring a lawyer, the state is obligated to appoint one for you. This guarantees that lack of resources does not deny you proper legal assistance during the interrogation process.
Miranda rights apply once you have been arrested or taken into custody and are about to be interrogated by law enforcement. This situation is termed a “custodial interrogation,” indicating that you are not free to leave and that the police intend to ask you questions related to the crime.
Understanding Custodial Interrogation
Custodial interrogation occurs when law enforcement officers question a suspect who is in custody and under arrest or in a situation where the suspect is not free to leave. At this point, the police physically or constructively restrain the person and ask questions designed to elicit an incriminating response.
The determination of whether a person is in custody depends on the circumstances surrounding the interaction with law enforcement. Factors include the location, duration, and nature of the questioning, as well as any pressures applied by the police. If a reasonable person in the suspect’s position would feel that they are not free to terminate the encounter and leave, then the situation may be considered custodial.
Not in Custody, No Miranda Warning Required
If an individual is not in police custody, the Miranda warning is not required, even if they are having a conversation with law enforcement. Anything the person says can be admissible in court proceedings.
What Happens When Police Don’t Read Your Rights?
If law enforcement fails to provide a Miranda warning before conducting a custodial interrogation, the implications are significant. Statements made by a suspect under these conditions are typically inadmissible in trial to establish guilt. In this case, your lawyer can file a motion to suppress to have these statements kept out of court.
Additionally, any evidence obtained as a result of that statement could be deemed inadmissible as well. For example, if you confess to possessing a controlled substance and tell the police where evidence is located and then they find it based on your statement, the evidence may also be deemed inadmissible.
Exceptions to Miranda Warning
There are certain exceptions to providing a Miranda warning. For instance, spontaneous statements made by an individual without any prompting from law enforcement do not require a Miranda warning. Additionally, if an individual voluntarily agrees to speak with law enforcement, a warning is not required.
Alternate Uses for Un-Mirandized Statements
Despite the limitations imposed on un-Mirandized statements during trials, they are not entirely unusable in criminal proceedings. These statements can be used for purposes outside of directly proving the defendant’s guilt.
They may be used to challenge the defendant’s credibility if they testify. If the defendant says something while testifying that directly contradicts something they stated to the police – even if Miranda Warnings weren’t read – those statements can be used for impeachment purposes.
If you have any questions about your Miranda Rights or need help with a criminal matter, contact us today to schedule a free consultation with a San Jose criminal defense lawyer.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500