What is a Miranda Violation?
Miranda Rights are a set of constitutional rights that law enforcement officials must provide to individuals who are in police custody and subject to interrogation. These rights were established in the United States by the Supreme Court's landmark decision in Miranda v. Arizona in 1966, and they are intended to protect individuals from self-incrimination and to ensure that their rights to due process are respected. In this article, we will examine the history of Miranda Rights, what they entail, and how violations of these rights can occur.
History of Miranda Rights
Miranda Rights are named after Ernesto Miranda, a suspect in a 1963 Arizona felony rape case who was arrested, interrogated, and ultimately confessed to the crime. Miranda's confession was used against him in court, and he was sentenced to 20 to 30 years in prison. Miranda appealed his conviction, arguing that his confession was obtained through coercive police tactics and that he was not informed of his constitutional rights. The case ultimately made its way to the Supreme Court, which ruled (5-4) in Miranda's favor and established a set of guidelines that law enforcement officials must follow when interrogating suspects.
What Are Miranda Rights?
Miranda Rights consist of four basic rights that must be read to a suspect before they are questioned by law enforcement officials. These rights are as follows:
The right to remain silent: The suspect has the right to remain silent and not answer any questions. Anything they say can be used against them in court.
The right to an attorney: The suspect has the right to an attorney. If they cannot afford an attorney, one will be provided to them.
The right to know that anything they say can be used against them in court.
The right to know that they have the right to stop the interrogation at any time.
These rights are commonly referred to as the "Miranda Warning," and they must be given to a suspect before a custodial interrogation takes place.
Violations of Miranda Rights
Violations of Miranda Rights occur when a custodial interrogation takes place before rights are read to the suspect. Some common examples of Miranda Rights violations include:
Failure to give Miranda Warning: If law enforcement officials fail to give a suspect their Miranda Warning, any confession or evidence obtained from the interrogation may be inadmissible in court.
Interrogation without an attorney: If a suspect requests an attorney during an interrogation and law enforcement officials continue to question them without an attorney present, this may be considered a violation of their Miranda Rights.
Consequences of Miranda Rights Violations
If a suspect's Miranda Rights are violated, any confession or evidence obtained from the interrogation may be inadmissible in court. This means that the prosecution may not be able to use the suspect's confession or any evidence obtained as a result of the confession in their case against the suspect. In some cases, this may lead to the dismissal of charges against the suspect or a reduction in the severity of their sentence.
Common Misconceptions of Miranda Rights
They must be read if police ask you any question(s)
You must be read Miranda once you are arrested
Police must read Miranda Rights during traffic stops
It’s important to remember that Miranda rights require “custodial interrogation,” and there are still exceptions to this rule. It’s crucial to speak with an experienced criminal defense attorney before answering any questions asked by police. Even innocent statements can and will be used against you in court.
How to Assert Miranda Rights
It is important for individuals to understand their Miranda Rights and how to assert them. If a person is in custody and is being questioned by law enforcement officials, they have the right to remain silent and to ask for an attorney. The following are some guidelines to follow when asserting Miranda Rights:
Remain calm: It is essential to remain calm and polite when asserting your Miranda Rights. Do not become confrontational or aggressive, as this can escalate the situation.
Clearly state your rights: Clearly state that you are exercising your right to remain silent and your right to an attorney. Be specific and unambiguous in your statement.
Repeat your request: If law enforcement officials continue to question you after you have asserted your Miranda Rights, repeat your request for an attorney and your right to remain silent.
Do not waive your rights: Do not waive your Miranda Rights by agreeing to answer questions or making statements without an attorney present. Wait until you have spoken with an attorney before answering any questions.
Conclusion
Miranda Rights are an essential component of the United States justice system. They are designed to protect individuals from self-incrimination and to ensure that their constitutional rights are respected during police interrogations. Violations of these rights can occur in a variety of ways, and they can have significant consequences for both suspects and law enforcement.
If you are being investigated for a criminal offense or believe your rights were violated, contact an experienced criminal defense lawyer before answering any questions. Millar Law was founded by a former prosecutor with years of experience on both sides of the table— prosecution and defense. Call us today before it’s too late.
