Should Police Have Advised Me of My Miranda Rights?May 8, 2023
The answer to this question will depend on various circumstances. Not all interactions with citizens or suspects require the police to provide a Miranda warning. However, the prosecutor cannot use what a suspect said to the police as evidence against them in a trial if the police failed to advise them of their Miranda rights , which include:
- The right to stay silent.
- If you do or say anything, they can be used against you during a trial.
- The right to talk to your lawyer.
- The court will appoint a lawyer for you if you can’t afford one.
When Must The Police Read Your Miranda Rights?
The police are legally obligated to read your Miranda rights when they take you into custody and question you.
- When in police custody – You are under police custody when they deprive you of your personal freedom. For instance, a formal arrest in which you’re told you are being arrested, are handcuffed, or placed in the police vehicle, is the perfect example of being in police custody. In general, you are in police custody if you feel like you are not free to leave the scene.
- During interrogation – An officer is only required to give you a Miranda warning when they question you while in custody.
When Are The Police Not Required to Read Your Miranda Rights?
The police are not legally required to give you a Miranda warning in the following situations:
- If the police don’t question you – The police are not required to Mirandize you if they arrest you but do not interrogate you.
- Traffic stops – If you are free to go after a traffic stop, you are technically not under police custody.
- Street interrogations – Even at crime scenes, the police can ask basic investigative questions without reading your Miranda rights.
- Emergency situations – During emergency situations at crime scenes, the police don’t have to Mirandize eyewitnesses before questioning them to help protect public safety .
- Voluntary interrogations – If you voluntarily agree to an interrogation in the police station, you are technically not under custody as long as you’re free to leave at any time. But the police must give you the Miranda warning if their questions are aggressive and accusatory or they inform you that you are now a suspect in their investigation.
What If The Police Violate My Miranda Rights?
Your case will not automatically be dismissed if the police violate your Miranda rights. However, if they take you into custody and interrogate you without Mirandizing you, the prosecution can’t use your statements to prove that you are guilty of the crime you’re accused of.
On the other hand, the prosecution can, in certain instances, provide the unlawfully obtained statement to discredit a suspect’s testimony. For example, if your testimony during trial differs from the statement you gave the police before you were Mirandized, the prosecution can introduce that statement to damage your credibility.
Seek Legal Guidance From a Skilled Ventura Criminal Defense Attorney Now
If you believe that the police have violated your Miranda rights or if you’re facing criminal charges, please don’t hesitate to reach out to the Ventura criminal defense attorneys at Bamieh & De Smeth right away. Reach us online or call 805-643-5555 to schedule your free consultation with our Ventura criminal defense attorney.