Most people have a general understanding of what their Miranda rights are from watching TV shows, but they often lack accurate knowledge regarding the laws surrounding them. The guidelines are much more complex than many people realize; for instance, there may be consequences if police neglect to properly explain your rights. Your criminal defense attorney will ensure you weren’t mistreated or subject to such violations during your arrest. 

A Basic Guide to the Miranda Rights

When Is It Required to Have Your Miranda Rights Read?

An officer is typically required to read your Miranda rights if they are placing you under arrest and they plan to subsequently interrogate you about a crime. In this case, you must receive the warning as you are being taken into custody. However, police may decide to question you first to get the information they want and then arrest you at a later time. In this instance, they wouldn’t be required to read your rights.

What Happens if Police Fail to Read Your Rights?

If the police fail to read your Miranda rights after you’ve been arrested and continue to interrogate you anyway, it’s likely they won’t be able to use anything you say as evidence in your trial. As a general rule, criminal defense attorneys advise their clients not to speak with police until legal representation is present. Too often, suspects unwittingly provide information that can be used against them in the courtroom.

Are There Exceptions to the Rule?

There are certain circumstances when statements made in violation of the Miranda warning can still be used during a trial. This may happen if a defendant gives a conflicting account on the witness stand from their original remarks to the police. Other exceptions include matters of public safety, the revelation of tangible evidence, and confessions to jailhouse informants. Always discuss what you’ve said with your criminal defense attorney, so that they can plan a viable course of action.

At The Law Offices of Conti & Levy in Torrington, CT, clients can rely on receiving valuable legal advice and effective representation. Their criminal defense attorneys offer a personalized approach and exceptional negotiating skills to secure for you the best possible outcome. Call (860) 482-4451 to schedule a consultation, or visit their website to learn more about their experience in this practice area.