|
Miranda Rights are an integral part of preventive criminal procedure that the law enforcement agencies are required to administer to protect an individual’s rights against compelled self-incrimination when placed under custody, before being subjected to questioning. In simple words, these are also called Miranda Warnings given by the police or other law enforcement agencies to a suspect who is in custody before he/she is subjected to custodial interrogation. Some important outlines of the Miranda Rights which are read to the person in custody includes that the accused has a right to remain silent, anything he/she says could be used against him/her in the court during a trial, the accused has the right to have an attorney present during the interrogation and the court will appoint an attorney in case the accused cannot afford to hire one. A person can file for a suppression hearing through his attorney if his/her statements were taken during the interrogation without the authorities reading the person’s Miranda Rights. This article answers some of the frequently asked questions about laws associated with them. I was not formally arrested, but the cops interrogated me and obtained my statement with my signature without even reading my Miranda Rights. Is it admissible in the court of law?
Administering the Miranda Rights is not applicable to every situation. The cops will have to ensure that you have been read your rights before they start your custodial interrogation. In your case, your attorney will have to prove in the court that the cops took your statement unconstitutionally. However, the police officer might argue that it you were not officially in police custody. Then, your attorney will have to prove that your detainment was illegal, and so has to be treated like an official arrest. The outcome will be determined once the judge hears both the sides. If judgement comes in your favor, the judge could rule that your statement should be kept out of the trial and cannot be used against you. What does a person need to do if he/she gives a statement to police under the influence of alcohol?
You will have to file for a suppression hearing seeking to keep your statement out of the trial if you gave your statement while under the influence of alcohol. Technically in this case, your attorney will have to prove that you were not in a state of mind to understand the legal implication of giving the statement under the influence of drugs, alcohol or any other substances. However, the judge might take some other aspects into consideration to determine whether the intoxication actually made you disjointed enough to not understand you rights. You should retain the services of a criminal lawyer on such issues. Will the court drop charges against me if the police arrested me without reading my Miranda Rights?
No, charges pressed against you for the alleged crime may not be dropped in a case like this. The cops do not have to advise you of your Miranda Rights while arresting you. They have to do this if they plan to put you under interrogation. And if you have been questioned without being notified about your Miranda Rights, then you can seek a suppression hearing. Here, the court will not dismiss the charges against you. Only your statement can be kept out of the trial and cannot be used against you under any circumstances if it was obtained without reading you your rights. Is it illegal if the police arrest somebody without reading the Miranda Rights?
No, it is not illegal if the police arrest somebody without reading the Miranda Rights. Many people think that the court declares such arrest as illegal detentions and the charges are dropped. As per law, the police will have to notify about the Miranda Rights if they intend to put somebody under custodial interrogation. Matters related to police custody and custodial interrogation can lead to several questions on the application of the laws around Miranda Rights. If you have any doubt about the matter, you should always ask a criminal lawyer who could assist you.
Related Articles -
Miranda rights, what are the Miranda rights, the Miranda rights, Miranda rights definition, Miranda rights amendment, what is Miranda rights, what ar,
|
