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Identifying a Miranda rights violation

On Behalf of | Nov 15, 2023 | Criminal Defense

Most people in the United States have some understanding of Miranda rights. The Miranda Warning  often plays a dramatic role in movies or television shows where police officers arrest people. The officer will rattle off the Miranda Warning while putting someone in handcuffs or placing them in a police vehicle.

However, people often misunderstand the rules related to the Miranda Warning because of the way the popular media depicts such scenarios. People might assume that they have experienced a Miranda violation, only to learn later that they did not understand the rules. How does someone determine whether a Miranda violation occurred?

Did officers provide a verbal warning?

The Miranda Warning is a mandatory statement that police officers must make to someone in state custody who will undergo questioning. Defendants need to know their rights to make use of them due to a Supreme Court ruling from decades ago.

Despite what the media often shows, officers do not need to provide a Miranda Warning at the time of someone’s arrest. Instead, they need to inform someone of their rights before questioning them after their arrest. Officers can arrest someone and never question them, thereby eliminating the need to provide the Miranda Warning at all.

If officers question someone without informing them of their right to remain silent and their right to an attorney while in state custody, that could affect the admissibility of any statements the defendant makes during their interrogation.

Discussing what seems like a Miranda violation at length with an experienced criminal defense attorney can help people establish whether police may have violated their rights or not.