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Anyone who’s seen a police show on television is familiar with the phrase “you have the right to remain silent” and the rest of the scripted disclaimer that police are required to cite when making an arrest. But what happens if police don’t read a suspect their rights? To explain how the absence of this warning in an arrest can affect criminal law proceedings, Kratovil & Amore PLLC, experienced defense attorneys in Charles Town, WV, explain some key facts about the Miranda warning.

Why Do Police Read Suspects Their Rights?

In the landmark 1966 case Miranda vs. Arizona, the United States Supreme Court found that local police had violated suspect Ernesto Miranda’s constitutional rights during his interrogation. Specifically, the Fifth Amendment right not to testify against oneself and the Sixth Amendment right to an attorney were found not to have been upheld by police, and Miranda’s confession in custody was ruled inadmissible in court.

What Does The Miranda Warning Actually Do?

Defense attorneyLegally, the Miranda warning serves to inform suspects of their rights in police custody. In essence, the police are required to give suspects the same advice most criminal defense lawyers might give them: you don’t have to say anything until you’ve talked to your defense attorney. From a practical standpoint, however, the Miranda warning aids police by ensuring that, in fact, anything arrestees say or do in custody can be used against them in a court of law.

What Happens When The Police Don’t Read Suspects Their Rights?

Contrary to what one might think, a violation of a suspect’s constitutional rights is not necessarily a get-out-of-jail-free card. In fact, even Ernesto Miranda was convicted based on other evidence when the case was later retried.

However, a failure by the police to read suspects their rights may render some valuable evidence inadmissible. In Miranda’s case, for instance, the district attorney was forced to prosecute the case without using the using the confession. A skilled defense attorney may be able to block the jury from seeing certain illegally-obtained evidence and greatly weaken the prosecution’s case.

For anyone dealing with a criminal law case in Charles Town, WV, the skilled defense attorneys at Kratovil & Amore PLLC will explore all legal bases to fight a conviction for their clients. Call them today at (304) 728-7718 or visit their website for more information about how their criminal defense attorneys can help you.

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