Failure to give Miranda Rights can violate your rights.
If a suspect is questioned by law enforcement, the failure to read them their Miranda Rights might result in suppression of evidence.
Failure to Read Miranda Rights Generally Will Not Result in Dismissal of Charges
Many people believe that if they are arrested and are not “read their rights,” they can escape punishment. This is not true. Failure to read Miranda Rights to a defendant in custody can result in suppression of any incriminatory responses. A suspect who is not in custody is not entitled to Miranda. What is custody? Custody is determined on a case-by-case basis and generally is determined by examining whether a reasonable person would believe they are free to leave. Federal and state law enforcement agents, including police officers, must give notice to all criminal suspects in custody of their Fifth Amendment privilege against self-incrimination and their Sixth Amendment right to consult a lawyer.
If the police fail to read a suspect their Miranda rights, the prosecutor cannot use their answers to questions while under arrest as evidence against the suspect at trial. However, as with nearly all legal rules, there are exceptions.
What are Miranda Rights?
These are Miranda rights that are familiar to most people who watch TV police shows. Upon the arrest of a suspect, they are read:
- You have the right to remain silent.
- If you say anything, what you say can be used against you in a court of law.
- You have the right to consult with a lawyer and have that lawyer present during questioning.
- If you cannot afford a lawyer, one will be appointed for you at public expense.
- If you choose to speak to a police officer, you have the right to stop the interview at any time.
When are Miranda Warnings Required
It does not matter if are you in jail, at the crime scene, on a busy street, or in an open field, when you are being interrogated, if you are in custody (not free to leave or deprived of freedom of movement in a significant way), you must be read your Miranda warnings if they want to question you and use your answers as evidence in court.
If you are not in police custody, no Miranda warnings are required, and anything you say can be used in court.
Pre-Arrest Questioning
If you have not been arrested, the police may question you and use your answers in court without first giving Miranda warnings. If you have reason to believe that you are a potential suspect in a crime, you should politely decline to answer questions, at least until after consulting with an attorney.
Post-Arrest Questioning
It is never a good idea to speak to police after being arrested, at least until after you have spoken with an attorney. Police officers do not seek justice; they build cases. If officers want to speak with a suspect, their only purpose is to obtain a confession or statement that can be used as evidence in the case. Even if a defendant maintains their innocence during a custodial interrogation, officers will claim they acted nervously, couldn’t maintain eye contact, or were otherwise acted suspiciously.
Consequences of Failing to Provide Miranda Warnings
If no Miranda warnings are given, nothing you say in response to custodial questioning can be used as evidence against you at trial. Additionally, if the police find evidence as a result of the Miranda warning violation, that evidence is deemed inadmissible too. That is called “Fruit of the Poisonous Tree.” A good defense lawyer will file a Motion to Suppress and seek that the illegally seized evidence be thrown out of court!
We are Experts in Issues Relating to Miranda Warnings
The attorneys at LEWIS & DICKSTEIN, P.L.L.C. practice exclusively criminal law and are recognized experts in the field. They are constantly educating themselves to keep abreast of the frequent changes in criminal law. If you are being charged with a felony or misdemeanor offense and there are potential constitutional rights violations or possible Miranda warning violations, it is essential that you let a criminal law expert evaluate your situation.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
