There are a variety of Constitutional protections and rules in place to protect people from abuses of authority. Police officers have to abide by the law and uphold the civil rights of individuals even if they suspect them of criminal activity.
Those arrested and facing prosecution sometimes use a violation of their civil rights as part of their defense strategy. They can potentially prevent the state from using certain evidence. Successfully excluding evidence can make it easier to mount a successful defense. The state may even drop pending charges in some cases.
People who made statements to police that implicated themselves or who confessed to crimes while in state custody may assert that they experienced a violation of their Miranda warning rights. Misinformation about the Miranda warning leaves some people confused about when a violation occurs.
What is the Miranda warning?
The Miranda warning is a basic script police officers recite to individuals in state custody. They provide the warning to advise individuals of their right to legal representation and their right to remain silent. Those who do not receive the Miranda warning as they should may have experienced a violation of their rights. The right is so important that officers may have to provide translation services to ensure the person facing questioning understands their rights.
When is the warning necessary?
Police officers do not have to provide the Miranda warning to people they question casually who are not in state custody. They also do not need to provide the Miranda warning when they arrest someone. It is only necessary to advise people of their Miranda rights prior to questioning or interrogation while they are in state custody. If police officers question someone at length after arresting them without informing them of their right to remain silent or secure a lawyer’s assistance, then a Miranda violation may have occurred.
What a violation means
A violation of an individual’s Miranda rights can affect the evidence the state can use at trial. Defense attorneys can potentially exclude confessions and other statements from criminal proceedings if a violation of the law or a defendant’s rights occurred.
Learning more about its common criminal defense strategies can be beneficial for those facing charges. With the right strategy, it may be possible to win during a trial or get a prosecutor to dismiss pending charges.
