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What Happens When You Aren’t Read Your Miranda Rights?

October 22, 2016 Criminal Law and Procedure

I get many calls from people who say there were not read their Miranda rights when arrested. Many of these callers want to know the significance of this and how it may affect their case.

What are Miranda Rights?

We’ve all heard the Miranda rights recited on TV and most can people can probably recite them verbatim even though they have never been arrested. “You have the right to remain to silent. You have the right to an attorney. Anything you say can and will be used against you in a court of law.”

Why are Miranda Rights Read to People?

The Fifth Amendment of the United States Constitution provides that no person shall be compelled in a criminal case to act as a witness against him or herself. The U.S. Supreme has ruled this means people are entitled to receive a specific warning regarding this right in certain situations with the police.

When Must Miranda Rights Be Given?

The Miranda Warnings must be given when a person is subject to what’s legally known as ‘custodial interrogation.’ The person must be in custody. And while in custody the person must be subject to an interrogation.

How Do You Know If You Are In Custody?

A person is in custody when they are formally arrested. A person is also in custody in a situation where reasonable person would not feel free to leave an interaction with police.

For example, a person would be in custody when in the back of a police car. A person would generally not feel free to leave the back of a police car once ordered into the car. However, a person who visits with police at their own home would generally not be considered to be in custody, as they would be free to terminate the interaction with police.

Courts use a test called the totality of the circumstances when evaluating whether a person is in custody.

What Is An Interrogation?

An Interrogation is defined as express questioning or any words or actions on the part of police to elicit an incriminating statement.

A casual conversation with police about college football is not an interrogation. A person being the focus of a “good cop bad cop” routine would be in an interrogation, as that routine is designed to elicit certain statements from the suspect.

What Happens if Miranda Warnings Were Not Given?

A person must both be in custody and subject to an interrogation for the Miranda warning to be required. If a person is in custody and is being interrogated without any Miranda warnings, then any statements made in that situation will be excluded from evidence at trial. This means the prosecution cannot use those statements against the accused in trial as evidence.

Case Evaluation for Miranda Warnings

As a criminal defense lawyer we will determine whether you made any statements to police that should not be used in court because they were improperly obtained by police. The case must be evaluated to determine whether you were legally in custody and interrogated. We can file a motion for a hearing to argue before the judge why the statements should not be used as evidence in trial.

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Criminal Defense Lawyer.

ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.

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Our Practice

ArborYpsi Law focuses on criminal defense work. Representing clients to the best of our ability is much more than simply showing up to court and accepting whatever offer the prosecution puts on the table. In every instance we look for ways to challenge the prosecution’s case against you. That could mean a motion to suppress statements made to the police or something else unique to your case.

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Set up a free initial consultation in which we will walk you through the court process, the law, and your options moving forward. We recognize that the world of law may be new to you, so we strive to explain all of the moving parts in a straightforward manner so you can make an informed decision.

Call 734-883-9584 to speak with an Ypsilanti Criminal Lawyer