Should the Police Advise Me of My Miranda Rights?
If you have ever watched a police procedural and legal drama such as Law & Order, you are used to hearing a criminal suspect being read Miranda Rights. Most people assume that if you are arrested, your Miranda Rights must be read to you, but that is not always the case.
In this blog, our Tennessee criminal defense lawyers would like to discuss when law enforcement should advise you of your Miranda Rights and what steps you can take if you are not properly informed of them.
What is the Miranda Warning?
The Miranda Warning is four-fold, consisting of the following:
- You have the right to remain silent
- Any testimony you provide can be used against you
- You have the right to an attorney
- If you cannot afford an attorney, one will be provided at no cost to you
Known as Miranda Rights, this warning is a combination of every citizen’s Fifth and Sixth Amendment rights.
The Origin of Miranda Rights
The Miranda warning (otherwise known as being read your rights) comes from the Supreme Court decision of Miranda v. Arizona. In Miranda, the defendant was arrested at his home and taken into police custody, where two police officers questioned him. After two hours of interrogation, the defendant signed a written confession.
The confession was admitted as evidence at trial, and the jury found Miranda guilty of kidnapping and rape. On appeal, the Supreme Court of Arizona ruled that the defendant’s constitutional rights were not violated. The United States Supreme reversed the appellate court’s decision, ruling that a person’s Fifth Amendment right to self-incrimination does apply to interrogations while under police custody.
What is Custodial Interrogation?
A police officer is required to read your Miranda rights if you are being detained and questioned by law enforcement, known as custodial interrogation. An individual is detained when he or she is not free to leave. But, if you are being questioned at the police station but are free to leave at any time, then this may not qualify as custodial interrogation. In this situation, the police are not legally required to read your Miranda rights.
Miranda Violations
If law enforcement failed to read your Miranda Rights when legally required, it is unlawful for any testimony that was provided during questioning to be used against you at trial. To ensure that your rights are safeguarded, you will want to speak with a Tennessee criminal defense lawyer.
A criminal defense lawyer will know what procedural steps can be taken. A Miranda violation is a common example of when a defense lawyer may file a motion to suppress. A defense lawyer can file the motion, guaranteeing that the illegally obtained evidence is not used against you at trial.
If the officer fails to read your Miranda Rights when required, this does NOT mean that your case gets automatically dismissed. Instead, the judge would exclude any statements you make after the warning should have been given from trial. If there is additional evidence that could sustain a conviction, the trial would proceed. However, if those statements were the only basis for the prosecutor to obtain a conviction, then normally the prosecutor would drop the charges since they would not have any other evidence to use.
A TN Legal Team Offering Representation When It Matters Most
Being read your constitutional rights is key to protecting your freedom. If you believe that your rights were violated, our legal team is ready to assist you. To get started, contact us by calling (615) 256-6666 or by filling out our online contact form. We offer free, no-risk consultations.