You have probably heard the Miranda Rights countless times, from exciting action movies to crime laced television series. As soon as the police have initiated the arrest, they will read you your rights. You can then utilize these rights to enforce your protection against the law enforcement’s methods for interrogation.
However, understanding Miranda Rights is not as easy as memorizing them. It is definitely useful to remember all of your Miranda Rights, from your right to remain silent, to your right to an attorney before the interrogation process. Yet, probably the most important things that you must remember are the operationalization of these rights, and knowledge on how these warnings are applied.
5 Things You Should Remember When It Comes to Miranda Rights
It is useful to know the particular nuances to Miranda Rights in order to protect yourself if you ever get arrested. To help you fast-track your understanding, here are 5 important things you should remember when it comes to Miranda Rights:
- The police do not actually need to read the Miranda Rights all the time.
The police are only required to read the Miranda Rights to a person if he or she is in police custody, and if that person will undergo further interrogation. The truth is, the police do not always interrogate suspects after they are taken in custody. There are times when the law enforcement agencies already have probable cause to your crime, which means that they do not need your words to secure a conviction.
- Failure to provide Miranda Warning does not equate to a thrown case.
Just because the police have failed to read your Miranda Rights doesn’t mean that the case will automatically be dismissed. This just means that nothing you said before you were made aware of your rights can be used against you.
- Statements made with physical and psychological intimidation are inadmissible in court.
Not all statements you’ve made after you have been read the Miranda Rights are automatically admissible in court. If the police have used psychological and/or physical intimidation to get a statement out of you, then anything you say, even if it is incriminating, will not and cannot be used against anyone.
- Statements made outside the interrogation room can still be admissible in court.
In the heat of the moment, as suspects are being handcuffed or placed at the back of the police car, they can utter statements to prove their innocence and/or explain their actions. People must be careful with what they say in the presence of a police, as spontaneous statements can still be used in court even without the use of interrogation.
- As soon as you request for a lawyer, the police must cease their interrogation session.
It is wise to immediately ask for a lawyer as soon as the police have taken you under custody. Even if you invoke your right to remain silent, the police can still proceed with the interrogation and pull tricks to get a useful statement from you.
If you request an attorney, they are honor-bound to conduct no further interrogation until your counsel have arrived. Statements you’ve made after the request for a counsel will be inadmissible in court.
Know the Miranda Rights and How It Can Protect You with the Help of Experienced Criminal Lawyers
It is important to know your privileges under the Miranda Rights in order to protect yourself against unfair police interrogation. To know more about this, seek the help of criminal lawyers with years of experience in the field! Nothing is better than knowing that you have a protector inside the interrogation room and inside the court.
Written by Carson and Coil, the leading criminal attorney in Jefferson City, MO.