Many people have misconceptions regarding when the Miranda warning should be read. Popular television crime dramas have aided the misconception that entire cases can be dismissed if officers fail to read an individual their Miranda rights, but as you will learn below, that is actually far from the truth.
With that said, however, if you or a loved one have been placed in a situation where law enforcement officers failed to read your Miranda rights, you may be entitled to compensation. Contact Hale & Monico today to learn how our experienced civil rights attorneys will fight to hold the agencies responsible accountable for any damages.
The Miranda Warning
The Miranda warning requires officers to disclose a specific notice to any individuals they place under arrest. The Fifth and Sixth Amendments of the United States Constitution state that police officers must disclose an individual’s Miranda rights prior to initiating any interrogations.
The specific rights outlined in the Miranda warning are as follows:
- The right to remain silent
- The knowledge that anything they say can be used against them in court
- The right to speak with an attorney
- The court will provide a lawyer if they are unable to afford one
- The right to have a lawyer present for any questioning
The Miranda warning and its accompanying rights were enacted as a result of the Supreme Court’s decision in the titular case of Miranda v. Arizona in 1966, which saw the court uphold the idea that an individual must be made aware of their rights before being taken into custody and subjected to questioning by law enforcement.
Custodial Considerations
An individual is considered to be in custody when their ability to move freely is restricted in any way or when they are not allowed to leave a particular room or space. As such, individuals can be said to be in police custody, whether they are in the back of a police car or in a holding cell. More broadly, individuals may also be within custody while in a public space, such as a store or street.
If an individual is not being brought into custody, the police are not required to read them their Miranda rights. They only need to be read if the individual is both being brought into custody and is to be interrogated by law enforcement.
When Police Don’t Read the Miranda Warning
Even if police fail to give an individual their Miranda warning, criminal charges against the person can still proceed to court. Beyond that, prosecutors might have enough evidence to charge the individual without any information obtained through interrogation.
Remember, if the police have not detained you nor read you your Miranda rights, you are free to leave and do not need to respond to any of their questions. In fact, responding to their questions in these circumstances could result in more legal trouble.
Rights Violations and Interrogations
When police officers interrogate individuals without informing them of their rights, the accused can hire a criminal defense attorney, who can file a motion to suppress any evidence obtained from the unlawful interrogation.
In other words, the motion would argue that any collected evidence was obtained unlawfully and is, therefore, inadmissible in court. However, such a motion would still need to be approved by the presiding judge.
Without their evidence, the prosecution will need to determine whether they have a solid case, and if not, they may drop the charges altogether.
Talking to the Police
In most instances, talking to the police without a criminal defense lawyer present is not recommended. Aside from giving the police your name and address, you are not required to answer any other questions, so even if the officers continue their line of questioning, remember that you have the right to remain silent and the right to an attorney.
When informing the officers of your intent to remain silent, all you have to do is state your intentions and then stop talking. If the police continue to question you, all you have to do is make sure the officers understand that you want to speak with a lawyer before answering any questions. Other than that, stay quiet.
If the officers attempt to get you to waive your right to counsel or sign any documents, make sure you refrain from doing so until your attorney has arrived. Always consult with a qualified civil rights attorney before signing anything provided by law enforcement.
Protect Your Rights — Contact Hale & Monico Today
If your Miranda rights have been violated, you need the services of a qualified civil rights attorney from Hale & Monico in your corner. Our firm has decades of experience advocating on behalf of individuals in the same situation. We take our research and defense seriously, and we work tirelessly to advocate on behalf of all our clients.
Don’t spend another moment wondering what to do next. Get in touch with Hale & Monico today and find out how we can help.