A Guide to Understanding Your Miranda Rights

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you?" If you have ever watched a TV crime drama, you’ve undoubtedly heard the actors who play police officers give a suspect the Miranda warning. But why are Miranda rights important? What do they mean?

And, perhaps most importantly, what happens if Miranda rights are not given, and how will this help your criminal case?

What Are Your Miranda Rights?

In the 1966 case of Miranda v. Arizona, the U.S. Supreme Court established the requirement that law enforcement officers inform people of their right against self-incrimination, their right to remain silent, and their right to an attorney.

The case stems from the 1963 arrest of Ernesto Miranda, a laborer who was arrested on suspicion of kidnapping and raping Lois Ann Jameson. Miranda voluntarily participated in a police lineup and asked how he did. They said he was positively identified. After two hours of interrogation, Miranda confessed. But he was never informed of his right to an attorney or his right to remain silent.

At trial, Miranda’s attorney objected to the use of the confession. He was overruled, and Miranda was convicted and sentenced to 20 to 30 years in prison.

Miranda appealed his case to the U.S. Supreme Court, where his attorney argued that an emotionally disturbed and not-well-educated man like Miranda could not be expected to know of his right not to incriminate himself.

The Court ruled in Miranda’s favor, finding that a suspect must be informed of his right to remain silent, that anything he says will be used against him in court, that he has the right to an attorney, and that if he cannot afford an attorney one will be provided.

Why Are Miranda Rights Important?

Miranda warnings exist to discourage police from using coercive interrogation techniques.

Miranda only applies when: (1) the police ask you questions; and (2) you are in police custody.

Many people voluntarily make statements to the police while they are being handcuffed or in the police car. These statements can be used against you because they are not made in response to police questioning.

When Are Miranda Rights Not Required?

The Miranda warnings only apply when a suspect is taken into custody and makes statements in response to police questions.

Police are not required to inform you of your Miranda rights before you are taken into custody. They are not required to advise you of your Miranda rights if you are stopped for a minor traffic violation such as a speeding ticket or running a stop sign because you are not being taken into police custody.

Anything you say before you have been placed under arrest can be used against you. For example, if you are stopped at the side of the road under suspicion of DUI, Miranda does not apply. If you tell the police that you drank 12 beers then got in your car, this statement will be used against you in your DWI case.

Similarly, people often talk to the police at the scene of a domestic dispute. Anything you say to the police before you are placed under arrest can be used against you. Miranda does not apply because you are not in police custody.

What Happens if Miranda Rights Are Not Given?

If the police do not read you your Miranda rights before asking you questions while you are in custody, it does not mean that the charges against you will be dismissed. Instead, any answers you gave in response to police questioning are presumed to be involuntary and will be excluded from trial. Any evidence discovered as a result of an involuntary statement will also be excluded from trial.

The Stowe Law Firm, PLLC: Serious Legal Representation for Serious Crimes

While Miranda rights only apply in very specific situations, they represent fundamental principles that are at the heart of our legal system.

If you are facing criminal charges, it is critical that you have an attorney at your side to advise you of the potential consequences of your actions and protect your legal rights.

North Carolina criminal defense attorney Ryan Stowe will carefully analyze your case and the circumstances of your arrest and prepare a strong legal defense.

Protect your rights and minimize the likelihood of a conviction by contacting the Stowe Law Firm today. Schedule a free, confidential consultation to discuss your situation and how we can help.

The Stowe Law Firm proudly represents people in and around Salisbury, North Carolina, and throughout Rowan County, Cabarrus County, Mecklenburg County, and the surrounding areas.