The Importance of Miranda Warning in Protecting Your Legal Rights

If you’ve ever been in trouble with the law, then you know the importance of being read your Miranda Rights. The Miranda Warning is a vital part of the legal process that protects your constitutional rights.

The Miranda Rights were established by the Supreme Court in the landmark case Miranda v. Arizona, which upheld that the police are required to read the rights to a person under arrest before interrogating them.

However, despite the significance of the Miranda Warning, there is still confusion and misunderstanding among the public regarding the circumstances when the rights have, and have not, been violated.

In this article, we’ll discuss what Miranda Rights entail, when and how they should be read, and what to do if you think they have been violated. Our Los Angeles criminal defense attorneys will provide detailed insights into the Miranda Warning and your legal rights to protect you from any legal mishaps.

WHAT ARE THE MIRANDA RIGHTS?

The Miranda Rights are named after the landmark Supreme Court Case Miranda v. Arizona, which established the constitutional right of individuals in police custody to be informed of their legal rights before questioning.

In essence, the Miranda Warning restates the Fifth and Sixth Amendments of the US Constitution, which guarantees an individual’s right to remain silent and the right to an attorney.

The Miranda Warning is usually read to the person under arrest after the police take them into custody, and before they can be questioned or coerced into a statement. It is designed to make sure that the person understands their legal rights and can protect themselves from self-incrimination.

Below is a typical version of the Miranda Warning:

“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 a lawyer, 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?”

The police must read the Miranda Warning aloud to the person under arrest to ensure that they understand their legal rights. If they fail to do so, any evidence obtained through an interrogation may be inadmissible in court.

DO THE POLICE HAVE TO READ THE MIRANDA WARNING AT THE TIME OF YOUR ARREST?

The police are not legally required to read the Miranda Warning at the time of arrest. The Miranda Warning only needs to be read before questioning an individual in custody. Therefore, a person can be arrested without the police reading the Miranda Warning, and it won’t impact the arrest’s legality.

However, if the police want to interrogate the person after the arrest, they must first read them the Miranda Warning. The police must ensure that the person understands their legal rights before questioning them.

On the other hand, if the police do not intend to question the person or make them give a statement, they do not need to read the Miranda Warning. If you are not under arrest, the police can question you without reading your Miranda rights, but you can choose not to answer.

MIRANDA WARNINGS IN DUI CASES

In DUI cases, the police officers are not always required to read the Miranda Warning during a DUI investigation, which can take place after a traffic stop.

The police must have reasonable suspicion to pull you over, and during the investigation, they may ask you to take a breathalyzer test or perform a field sobriety test.

During the DUI investigation, you have the right to remain silent and not answer any questions. You do not have to answer any questions the police ask before the arrest or before they read the Miranda Warning.

If you are subsequently arrested for DUI after the investigation, the police must read you the Miranda Warning before they can question you further. If they fail to do so, any statements you make during the interrogation may be inadmissible in court.

It is important to note that you are not required to take any field sobriety tests or the preliminary alcohol screening (PAS) test during a DUI investigation. However, if you refuse to take these tests, the police can use your refusal as evidence against you in court.

If you are placed under arrest, you should be aware of your legal rights and not incriminate yourself by saying anything to the police before they read you the Miranda Warning.

CAN MIRANDA RIGHTS BE WAIVED?

After the police read you the Miranda Warning, they will ask if you understand your legal rights and whether you wish to speak to them. You have the right to remain silent and not answer any questions.

If you choose to speak to the police after the Miranda Warning, it is considered a waiver of your legal rights. You may be asked to sign a written waiver acknowledging that you have waived your rights.

If you have waived your rights and made a statement, it may be used as evidence against you in court. Therefore, it is advisable not to speak to the police without an attorney present.

I WAS NEVER READ MY RIGHTS. CAN THE POLICE STILL USE WHAT I SAY AGAINST ME?

If the police interrogate you without first reading you the Miranda Warning, any statements you make during the interrogation may be inadmissible in court. However, if you voluntarily say something before they begin to question you or if they never officially question you, the words you said in their presence may still be used as evidence against you.

It is always best to remain silent until speaking with an attorney, whether or not your rights are read to you. If you think the police have violated your rights, you should contact a criminal defense attorney immediately.

WHAT HAPPENS IF YOUR RIGHTS ARE VIOLATED?

If your Miranda Rights are violated, your attorney may file a “motion to suppress evidence,” claiming that the statements you made to the police were obtained illegally. If the court agrees, those statements will be thrown out.

However, a Miranda violation is not necessarily grounds for dismissing the charges against you. If the prosecution has additional evidence to prove their case against you, the case may still move forward.

The Miranda Warning is an essential part of protecting your legal rights during police custody. The police must read you the Miranda Warning before they can question you, and if they fail to do so, any evidence obtained during the interrogation may be inadmissible in court.

If you believe that your Miranda Rights were violated, you should seek legal advice from an experienced criminal defense attorney. Our Los Angeles criminal defense attorneys at Spodek Law Group can help you understand your legal rights and protect you from any legal mishaps.

Always be aware of your legal rights during police custody and never incriminate yourself by speaking to the police without an attorney present.