Faqs About Miranda Rights
Most people are familiar with Miranda rights, but there is some question regarding what impact they can have on a criminal case. For some, there is an assumption that the failure to read the rights to a suspect results in an automatic dismissal of the charges he or she is facing. What impact not reading the rights has on a case depends on various factors. Here is what you need to know to understand the impact Miranda rights can have on your case.
Are Miranda Rights Legally Required?
A law enforcement officer must read your Miranda rights to you when you are subject to police interrogation or in police custody. There is sometimes confusion regarding when a person is considered to be in custody.
In most instances, if you are not free to walk away from police, consider yourself in custody. The location in which you are interacting with police does not have a bearing on whether or not you are in custody. If you ask to leave or attempt to do so and are stopped by the police, consider yourself in custody.
There are some exceptions that exempts police officers from having to recite Miranda rights to suspects. In emergency situations or when there is a present danger to public safety, police are not required to read the Miranda rights.
For instance, if you are accused of planting a bomb in a public place, the police officer has the right to ask you the location of the bomb without it being considered an interrogation. In this instance, the question is considered an emergency situation that could be dangerous to the public.
How Can Not Reading the Miranda Rights Impact Your Case?
If a police officer fails to read your Miranda rights when he or she is required to, evidence that is gleaned from interrogating you could be deemed inadmissible by the court.
For instance, if you tell an officer the location of drugs after he or she failed to read your rights, the drugs could be tossed out of court. If the only evidence the police and prosecution have against you are the drugs, the judge could toss out your case due to lack of evidence.
It is important to note that the police could still continue its search for evidence in your case. If evidence is discovered and it did not result from an illegal interrogation, you could face charges again.
Consult with a criminal law attorney to learn more about your rights and what you can do if a police officer did not read them to you. Contact a business, such as Novak Lee Atty At Law, for more information.