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The Miranda Rights come into play during the arrest process and can critically impact your criminal case depending on if the arresting officer applied them or not. Because the Miranda Rights apply to everyone, it’s critical to know exactly what they entail. As an overview of the Miranda Rights, also known as Miranda Warning, is offered by the Cornell Law School Legal Information Institute:
“ ‘Miranda warning’ refers to the constitutional requirement that once an individual is detained by the police, there are certain warnings a police officer is required to give to a detainee.”
Below, our experienced criminal defense attorney elaborates on the history and use of this constitutional right and how it impacts a Colorado criminal case.
Also shared by the same Cornell Law School source, here’s a breakdown of how the name came about:
“The requirement to give Miranda warnings came from the Supreme Court decision, Miranda v. Arizona, 384 US 436 (1966). In Miranda, the Court held that a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent.”
It’s critical to understand that you have legal rights if you’re put under arrest. This can go a long way in helping you avoid a mistake that could come back to harm you at a later date, such as if your case moves to the courtroom.
There are four important points that make up the Miranda Rights:
Read through those points again. Now, do you see why it’s so important to understand your Miranda Rights?
For example, the right to remain silent means you don’t have to answer any questions from the police. You can simply decline and there’s nothing they can do about it.
Just the same, you have the right to an attorney, which is something you should take full advantage of.
The short answer is yes. Juveniles, just the same as adults, are entitled to have their Miranda Rights read to them during an interrogation or if they’re held in police custody. Furthermore, officers are required to read the Miranda Warning in an age-appropriate manner.
It’s a common myth that Miranda Rights must be read any time a law enforcement official is discussing a crime or potential crime with a suspect.
Miranda Rights must only be given in the event that you are both in custody and subject to interrogation.
But remember this: custody doesn’t always mean that you’re at a police station or in a police car.
Should police neglect to advise you of your Miranda Rights, any statement or confession you make is presumed to be involuntary. As a result, it can’t be used against you in a criminal case.
Also, any evidence related to that statement or confession is likely to be thrown out.
If the police failed to advise you of your Miranda Rights, share this fact with your legal team. There’s a good chance it’ll work in your favor as your case heads to court.
With so much gray area and a variety of questions associated with the Miranda Warning, it’s best that you consult with an experienced criminal defense lawyer. They can provide you with the guidance you need during this difficult time of your life. When you turn to the Law Offices of Steven J. Pisani, LLC you never have to worry about the “other side” taking advantage of you, such as by violating your legal rights. From a plea bargain to defending you in court, we’re there every step of the way. If you require legal representation, contact us online or give us a call today to set up a free consultation.
