Stemming from the Supreme Court’s decision in Miranda v. Arizona, the Miranda rights–or the Miranda warning–are one of the most important sets of rights that a person has when being detained by the police. At The Law Offices of Paul R. Moraski, our experienced criminal lawyer can represent you if you believe your Miranda rights were breached. Call our law office today to learn more about the Miranda warnings and how we can help if you’re facing criminal charges–
What Are the Miranda Rights?
In Miranda v. Arizona, the Supreme Court ruled that a defendant who has been apprehended by the police cannot be questioned until they have been made aware of their Constitutional rights. The rights of which a defendant must be made aware stem from the 5th and 6th Amendments to the U.S. Constitution, and include:
- The right to remain silent, which means that a defendant does not have to say anything that could incriminate themselves;
- The right to consult with an attorney; and
- The right to have an attorney appointed to their case if the defendant cannot afford to pay for their own attorney.
When Do the Police Have to Read Someone Their Miranda Rights?
Police do not have to read someone their Miranda rights if they are merely questioning them without making an arrest or officially detaining the person; instead, the reading of the Miranda rights is only required in the event that the suspect is being held in police custody.
What Happens if the Police Don’t Read You Your Miranda Rights?
If the police make an arrest and are interrogating a suspect, they have an obligation to read that suspect their Miranda rights. However, if they fail to do so, this does not mean that the case will be dismissed and that the defendant will be free to go. It does mean, though, that if the suspect makes any statements that could be used against them, the prosecutor won’t be able to use these statements as evidence to support a conviction.
Why You Need an Attorney
Whether your Miranda rights were read to you or not, if you have been charged with a crime, having an experienced attorney on your side who can build your defense and ensure that your Constitutional rights are upheld is important. If your rights were breached–for example, if you were not read your Miranda warnings–then your attorney can take action to make sure that evidence the prosecution has against you that was obtained in violation of your rights isn’t submitted into the court record.
Call The Law Offices of Paul R. Moraski Today
Ensuring that the rights of those facing criminal charges are upheld is an important part of preserving the integrity of our justice system. If you believe that your rights have been breached or if you have been charged with a crime and have questions, call The Law Offices of Paul R. Moraski for a consultation with our aggressive Massachusetts criminal lawyer. You can reach our lawyer online, or call us directly at (978) 397-0011 today.