Individuals accused of breaking the law have numerous legal protections. The Constitution helps protect those dealing with the state from gross abuses of authority. For example, the Fourth Amendment protects people from unreasonable searches of their person or property. The Fifth Amendment protects them from self-incrimination.
Over the years, the courts have interpreted and expanded on key constitutional protections. The Miranda warning is a perfect example. Police officers generally need to provide the Miranda warning to those facing arrest for alleged involvement in criminal activity.
In cases where officers do not provide the Miranda warning as they should, the defendant may have experienced a violation of their civil rights. How can people facing criminal charges determine if a Miranda violation may have occurred?
What should officers do?
To determine whether a Miranda warning violation occurred or not, defendants first need to understand what the Miranda warning is and when it is necessary. The Miranda warning is typically verbal, although officers may use alternate means of communication when dealing with individuals who have disabling medical conditions.
The warning includes information about an individual’s right to remain silent and their right to legal representation when facing criminal charges. Officers should provide the Miranda warning before questioning someone who is under arrest. They do not have to provide the Miranda warning at the time of arrest. It is also not necessary to provide the Miranda warning before engaging in informal questioning before an arrest occurs.
If officers question an individual that they have arrested without advising them of their Miranda rights, that could constitute a violation of the individual’s Miranda rights. If the individual asserts their right to remain silent or the right to an attorney and officers ignore them, that could also constitute a violation of their Miranda rights.
What is the impact of a Miranda violation?
In scenarios where a defense attorney can show the courts that the police violated an individual’s Miranda rights, the misconduct of the officers can alter the criminal case. The prosecutor may not be able to use any statements made by the defendants after a Miranda rights violation.
Confessions or contradictory statements are not admissible evidence if police officers gathered that information by violating someone’s basic rights. Knowing and making use of one’s Miranda rights can have a powerful impact on the outcome of criminal proceedings.
Defendants who believe they experience a Miranda rights violation may need help preparing to respond to pending criminal charges. Defendants who have support when facing accusations of criminal activity can sometimes avoid the worst possible outcomes given the circumstances.