by Jorie Zajicek and Ryan C. Davis
What Are Miranda Rights? Miranda rights, or warnings, were established when the United States Supreme Court decided the case of Miranda v. Arizona, which held that officers had to inform defendants of their Fifth Amendment rights against self-incrimination. The rights read as follows:
“You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
However, this commonly used television phrase comes with many misconceptions and confusion as to who has those rights and when they apply. An experienced criminal defense attorney can help if these rights have been violated.
Who needs to be read their Miranda rights? Police officers should read individuals their Miranda rights if they intend to interrogate them or question them while in custody. However, an individual being placed under arrest does not necessarily need to be read their rights.
When do Miranda rights need to be read? Contrary to popular belief, Miranda rights do not need to be read upon being arrested. Police officers only need to provide a Miranda warning if they intend to interrogate the person while in custody. They may read them at any point before interrogating the individual.
How do you know if you are “in custody”? The basic rule of thumb for determining whether or not an individual is in custody is whether or not they are free to leave. If you’re not sure, ask the officer if you are free to leave. If the evidence shows that you were questioned or interrogated by law enforcement after you were not free to leave, that questioning would violate your Miranda rights.
What happens if the Miranda rights are not read? Unfortunately, if Miranda rights are not read, this does not mean that the individual cannot be prosecuted. However, it may mean that any statements that the individual makes to the police officer prior to Miranda warnings will not be allowed to be used in court against them. An experienced criminal law attorney can help you navigate whether your Miranda rights were violated and how that violation may affect your case.
Can an individual waive their Miranda rights? Of course, an individual can waive their Miranda rights by explicitly signing that they are waiving their rights. An individual can also implicitly waive their rights by foregoing the warnings and voluntarily communicating with law enforcement. However, our attorneys advise against doing this without an attorney being present to ensure you have not undermined your defense to allegations made against you.
Contact our criminal defense attorneys at Ryan C. Davis Law, PLLC today at 615-649-0110 to schedule a free consultation and find out if your Miranda rights may have been violated.
