Popular culture often creates the impression that a defense lawyer can have your charges dismissed if the arresting officer failed to read you your rights. However, the issue is almost always more complex than the depictions in police procedurals and movies, which often creates confusion for those accused of a crime. Understanding what the Miranda warning is and how it affects your case is crucial for protecting your rights.

What Is the Miranda Warning?

The Miranda is a recitation of your constitutionally guaranteed rights, including the right to remain silent and ability to have a defense lawyer. Any time you are in custody, whether it’s in an interrogation room or at the scene of a crime, the police must inform you of your rights. Failure to do so might render some evidence inadmissible, but only if you’ve already been detained.

Can Officers Question Suspects Without a Miranda Warning?

In some cases, officers specifically avoid arresting a suspect and make it seem as though they are free to go. Because they haven’t been read their Miranda rights, many people assume their statements can’t be used against them in a court of law. Unfortunately, pre-arrest statements can be considered voluntary admissions and might be used against you in court later.

How Does a Defense Lawyer Help?

If you’ve been detained and the arresting officer failed to inform you of your rights, a defense lawyer can have your incriminating statements dismissed. While this might significantly strengthen your case, evidence collected through any other means will not be affected and could still provide grounds for a conviction.

For over a decade, James F. Bogen, Attorney at Law, has been fighting for the rights of defendants throughout Cincinnati, OH. If you’ve been accused of a crime, you can rely on him for aggressive representation and a singular focus on your case. Visit his website or call (513) 503-7251 to speak with a defense lawyer today, and follow him on Twitter for more tips and updates.