Unlike what you may have seen on TV, committing a crime does not free you of responsibility. Your rights are a little more nuanced under “Miranda.” Nothing a defendant says to cops can be used against him in court if his Miranda rights are violated during or immediately after an arrest. Exceptions, like everything else in the law, apply.
Miranda v. Arizona, decided by the United States Supreme Court in 1966, has established “Miranda,” which safeguards criminal defendants in all 50 states. After reviewing the facts of the original case, the Supreme Court determined that such harassment by police violated Ernesto Miranda’s constitutional rights during his arrest and trial for a variety of serious offenses.
Understanding Your Miranda Rights
Now, officers must convey a suspect’s Miranda rights following an arrest, but this must be done before questioning. They include the right to remain silent, counsel present during interrogation, and have a lawyer appointed to the suspect if they cannot afford one. The suspect must be warned that “whatever you say can be used against you in a court of law.”
While your Miranda rights are always protected, police personnel are only required to recite them to you between arrest and interrogation. If you are not detained, whatever you say to police officers can be used against you without notifying you. Before interrogating someone in police custody, their Miranda rights must be read to them.
In reality, investigators regularly postpone arrests to avoid reading Miranda rights to detainees. Before detaining you and reading you your rights, they may extract the incriminating statements they seek. If you are questioned by the police for whatever reason, it is strongly advised that you exercise your right to stay silent.
The Arrest without Being Read Your Miranda Rights
The law acknowledges many exceptions to the requirement to read a suspect’s Miranda rights after arrest but before interrogation. When responding to an emergency such as a murder case, the police may not be compelled to read your rights.
Miranda rights are used only if a suspect is arrested, detained, and interrogated. If you were detained by police and questioned about the alleged offense without warning, the prosecution cannot utilize your remarks at trial.
Statements collected in breach of Miranda are generally admissible to impeach a testifying defendant. However, if the cops never question you, they are not compelled to tell you of your rights; and, if you speak up on your own, this may be permitted.
Defining the Booking Questions
The “booking questions” exception are routine inquiries performed of suspects who have been arrested. These are simple questions regarding your name, address, height, weight, and occupation to ensure that suspects are identified correctly and that public safety is not jeopardized. Booking questions are not interrogations because they are not meant to look for incriminating evidence.
A booking officer may perform a contagious disease interview with a suspect. Several jails separate contagious convicts from the general public. If a suspect admits to having HIV and their HIV status is relevant to the criminal charge (for example, rape), the officer can witness the suspect’s comments.
If authorities forget to read a suspect’s Miranda rights after arrest but before interrogation, the prosecutor nearly invariably cannot use anything the suspect says in court against him. Contrary to widespread belief, the suspect’s charges will not be dropped. The prosecutor just needs to present evidence to back up the suspect’s “unMirandized” words.
Conclusion
At this point, you must know that waiving your Miranda rights is never a prudent course of action, especially when your entire life is on the line. So, be very careful on how to behave as a suspect who has been arrested or detained. Even in the heat of the moment, be mindful of your surroundings and know when you need your legal counsel. Learning about your Miranda rights may just save you from severe consequences.
If you want to learn more about wrongful arrest lawsuits and settlements, look no further than Ronemus Vilensky. We aim to educate you on your rights and serve you the best legal practice in New York City. Our team is composed of professionals who practice primarily in cases of accidents and malpractice lawsuits. Set your appointment with our legal team today!