There are numerous civil rights extended under the Constitution that protect people from state overreach. Few people require protection more than those under arrest and facing criminal charges. The Bill of Rights extends a variety of crucial protections to those accused of breaking the law.
The Miranda warning exists to help people make use of their most important legal protections. People frequently assume that they understand Miranda warning rules specifically because they have seen police officers provide the warning on television shows or in movies. Yet, misunderstandings about the Miranda warning can lead to people making mistakes while in state custody or planning a defense strategy.
What do people need to know about the Miranda warning before they are in a position to hear it from police officers?
What the warning entails
‘The Miranda warning is essentially a brief script recited by police officers to inform people of their rights. The Miranda warning should advise individuals of their right to remain silent while in state custody and also their right to legal representation. People need to know about their rights if they intend to use them during their time in state custody.
When the warning is necessary
Depictions in popular media can confuse people about the Miranda warning. Specifically, they may wrongfully believe that officers must provide the warning during an arrest. However, the warning is necessary before questioning while in state custody. Officers can talk casually to someone prior to arresting them without providing the Miranda warning. They can also take someone into state custody without providing the Miranda warning.
It is only when they decide to sit down and discuss the criminal matter with someone under arrest that officers must provide the Miranda warning to them. An individual’s need to know their Miranda rights is so strong that police departments have to provide translation services for those who communicate via another language or American Sign Language.
What does a Miranda violation mean?
If a police officer questions someone without informing them of their Miranda rights, they may have violated that individual’s basic rights. The defendant could then potentially leverage that mistake as part of a broader criminal defense strategy.
If a defense attorney can convince the courts that a Miranda violation occurred, the courts may have to set aside any evidence obtained during the inappropriate questioning. Confessions, statements that implicate a defendant and contradictory information may all be ineligible for the prosecutor to use as evidence if a Miranda violation occurred.
Understanding what the Miranda warning involves and how violations affect criminal cases can benefit those facing prosecution. Defendants who know if a Miranda violation occurred may have an easier time defending against pending criminal charges.