Share:

Movies and police procedurals have popularized the idea that defendants may walk away if arresting officers fail to read them their rights. While a criminal defense attorney can ensure improperly collected evidence is inadmissible in court, a forgotten Miranda warning doesn’t invalidate an arrest. Understanding what occurs if police forget to issue a proper Miranda warning can help you achieve the best outcome for your case.

What to Know About the Miranda Warning

When Is the Miranda Warning Required?

criminal defense attorneyPolice are required to issue a Miranda warning before they interrogate a person in their custody if they want to use the responses as evidence. Not every arrest or stop scenario will entail questioning. Additionally, there are many factors that affect whether a person is considered to be in police custody. Bear in mind that police sometimes avoid arresting or detaining a suspect before questioning to get around the Miranda warning requirement— that is, they wait until a person makes incriminating statements before placing them into custody.

How Failure to Read You Your Rights Affects Your Case

If a police officer fails to inform you of your rights in circumstances where it’s required, any statements you make cannot be used against you at trial. Furthermore, your criminal defense attorney may be able to have any evidence collected as a result of those statements thrown out. However, as with every facet of the justice system, there are exceptions to this rule.

Exceptions to the Miranda Requirement

If a defendant gives a statement at trial that conflicts with their answers during an interrogation, the prosecutor may use those comments against them even if the police violated the Miranda rule. Prosecutors may also introduce such statements at sentencing hearings after the case has been decided.

 

If you’ve been charged with a criminal offense anywhere in North Carolina’s Anson, Richmond, Stanly, or Union counties, the Bates Law Firm PLLC will deliver the aggressive, effective legal representation you deserve. Their criminal defense attorneys have extensive experience handling a broad range of cases and are prepared to fight for your rights. Visit their website to learn how they can help after an arrest, follow their Twitter for tips and advice, or call (704) 694-0195 to consult with an experienced criminal defense attorney.

tracking