We can thank years of police procedural television shows for the public's basic knowledge of their Miranda rights. They can protect several rights of a suspect, but it is important to understand the limitations of these rights and the instances when an officer must read and when the officer may not.
Unfortunately, many suspects do not understand these limitations, leading them to accidentally incriminate themselves by giving police information that Miranda rights might protect. If you recently received criminal charges and believe that your arresting officer did not properly inform you of your Miranda rights, you can speak with a defense attorney to assess your available legal options.
With professional counsel, you can examine your arrest and the sequence of events that took place. If your arresting officer did violate your rights, especially concerning informing you of your Miranda rights, you may have grounds to ask for dismissal of the charges. In any case, it is important to build a strong legal defense to any charges, to ensure that your rights remain protected throughout the rest of the process.
Police custody and interrogation
In broad strokes, police must only read you your Miranda rights once you are both in custody and under interrogation. If you are not yet in the custody of an officer, he or she does not have to give you a Miranda warning.
Likewise, if you are not put under interrogation, an officer does not have to give you a Miranda warning. While many circumstances may satisfy both of these requirements, many simple stops by police do not involve custody or interrogation. If you are ever unsure, you may ask if you are under interrogation and to speak with an attorney.
While your Miranda rights are not necessarily read to you during simple stops where an officer is temporarily detaining you and even asking a few basic questions, you should remain aware that anything you say to an officer may come back to haunt you, legally speaking.
Often, police engage casually with a suspect to keep the situation calm and to potentially encourage the suspect to divulge incriminating information willingly without coercion. Many individuals purchase a one-way ticket to criminal charges simply by saying too much to an officer when they do not have to.
Were your rights violated?
If you believe that an officer did not properly inform you of your rights or violated your rights in some other way, you deserve a full understanding of the laws that govern them. Don't hesitate to use every tool available to ensure that you keep your privileges and rights secure against unfair law enforcement practices.
