What are Miranda Rights?

Miranda Rights are found to be within the 5^th Amendment to the United States Constitution, but they stem from the famous criminal case, Miranda v. Arizona. These are called “rights”, but in essence, it’s a right to be given the warning below. The essence of this right is that you, as a private citizen cannot be compelled or forced to make a statement against your own interest that could hurt your life, liberty, or property. This requires police conduct, so you do not have a “right” to remain silent if you are not speaking with police or otherwise outside of the criminal law system. Whenever you are in police custody, and being subject to police interrogation, the police must inform you of the following:

1. You have the right to remain silent;
2. Anything you say can and will be used against you in Court;
3. You have the right to an attorney to be present for questioning; and
4. If you cannot afford an attorney, one will be appointed to you, free of charge, by the Court.

Please note, a police officer needs to read this verbatim, so long as the “gist” is conveyed to a person, then the warning has been sufficiently complied with. The purpose of the Miranda Rights is intended to avoid the coercive nature that comes with trained police officers interrogating you.

When do Miranda Rights apply?

In order for you to have an issue with the police, that, police must read you the above rights to get your statements legally admissible in court against you. You must first be found to be in police custody, meaning arrested by police (usually by handcuffs), and you must be subject to police questioning. Police custody is also a subjective standard, meaning that if looking objectively at your situation, you are not in police custody, then Miranda Rights do not apply to you.

Commonly, people believe Miranda Rights must be read, at all times, or your case is thrown out. This is a common misunderstanding of how these rights apply. The rights apply to statements you make, while in custody, and being questioned. If you are spoken to by police, and you are not in police custody, then there is no requirement that the Miranda Rights are read, instead, those statements can come in against you in Court. Miranda Rights don’t ever have to be read to you, only if you are in custody, and being questioned by police.

Police can lie to us as well, we cannot lie to them. This is why it’s important to know your rights, and know when you invoke them.

What happens if my Miranda Rights are not read or are otherwise violated?

If you are questioned by police in custody, and your Miranda Rights are not read to you, then any statements you made to police, would not be able to admissible in Court against you. What that means, is that if you confess to a crime, for example, then that statement you made, cannot come into Court, to be used against you. It does not dismiss your case. However, if the only evidence linking you to a crime, is a confession that comes from a Miranda violation, then at that point, your case would have to essentially be dropped, since the Prosecutor cannot prove their case anymore.

However, if your statement is thrown out, if you later testify at a Jury Trial, you can be impeached, meaning the Prosecution can bring up your confession, as part of cross-examination, if you now make a different story while testifying.

Should i ever waive my Miranda Rights?

Never. Do not ever speak to the police. You will never talk yourself out of trouble, even if you did nothing, if police are investigating you for a crime, they will trick you, lie to you, and get you to either confess to a crime or to eliminate possible defenses to your case that your attorney would use. You need to remain silent with police interrogation, always.

If questioned by police, you need to invoke your right to silence and your right to an attorney. This must be unequivocal. In other words, don’t say “I think I need a lawyer” or “should I get a lawyer”, instead, you say, “I want a lawyer”. Be specific and to the point, vagueness means there is no invocation, and your statements can be used against you in Court.

Conclusion

Facing a criminal charge is a serious matter, and understanding your rights, including those granted by the Miranda ruling, is crucial. If law enforcement fails to provide the Miranda warning properly before a custodial interrogation, any statement or confession you make may be deemed inadmissible in court. This can significantly affect the prosecution’s case against you, potentially leading to a dismissal or substantial reduction in charges.

If you or a loved one believes that Miranda rights were violated during the criminal process, it’s imperative to consult with a knowledgeable criminal defense attorney who can evaluate the circumstances of the case and advocate for your rights. An experienced attorney can file motions to suppress illegally obtained statements and provide a robust defense based on the nuances of your situation.

At Inland Empire Criminal Defense, we are committed to defending the rights of individuals facing criminal charges. We understand the critical nature of Miranda rights and the impact they can have on your case. Our team is experienced in challenging violations of these rights and will work tirelessly to ensure that any unlawfully obtained evidence is not used against you.

If you need assistance with a criminal case and believe that your Miranda rights were violated, or if you want to understand more about the rights and defenses available to you, please don’t hesitate to reach out. Give us a call at 909-939-7126 for expert legal guidance and support. At Inland Empire Criminal Defense, we are here to help you navigate the complexities of your case and fight for the best possible outcome.