Miranda Rights. What You Need to Know
When do the police give Miranda rights? The government may be improperly using your statements as evidence against you.
Miranda in real life does not work the same as does in movies and TV shows.
A popular misconception, based on movies and television, is that the police read Miranda rights to a suspect upon arrest. In truth, this rarely happens. More commonly, police put people in situations that encourage them to talk voluntarily. They do this in a way that does not violate Miranda, and thus, they have a better chance of obtaining evidence that is useful to a prosecution.
A violation of Miranda can result in a court ruling that a statement made by a suspect is inadmissible as evidence. A Miranda violation does not result in a dismissal of charges. The police are required to give Miranda Rights to a suspect, who is in custody, before questioning. If the police fail to read Miranda rights in this situation, the prosecutor cannot use that person’s answers as evidence against the suspect at trial. Questions posed to a person who is “in custody” is called interrogation.
What Are Miranda Rights?
Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), a defendant who is under arrest or “in custody” has the following rights:
- You have the right to remain silent.
- If you do say anything, what you say can be used against you in a court of law.
- You have the right to consult with a lawyer and have that lawyer present during any questioning.
- If you cannot afford a lawyer, one will be appointed for you if you so desire.
- If you choose to talk to the police officer, you have the right to stop the interview at any time.
Do cops have to read Miranda rights?
If a person is in custody, the police must read them their Miranda rights if they want to question the suspect. Reading Miranda rights to a person in custody is required if they’re going to use the suspect’s answers as evidence at trial. Custody doesn’t necessarily mean in jail. Custody means when a person’s liberty is substantially impaired. The test is whether the person was free to leave or whether a reasonable person would have felt free to leave when being questioned by law enforcement.
If a person is not in police custody, however, no Miranda warning is required. Anything a person says to the police while not in custody is admissible at trial, regardless of Miranda warnings. The statements of the person are admissible even if he or she answers the questions of the police.
When are you supposed to be read your Miranda rights?
Before questioning, if you are in custody! If the police do not give Miranda rights before interrogating a person who is under arrest, then the statements of the suspect must be suppressed by the court in most circumstances. Sometimes police will ask a few questions and then give Miranda. Pre-Miranda questioning is a dirty tactic, and only a zealous and fearless criminal defense lawyer is qualified to stand up to the police when they’ve done something illegal and underhanded.
What Constitutional amendment contains the Miranda rights?
A police officer generally cannot arrest a person solely for failure to respond to questions. The Fifth Amendment to the U.S. Constitution guarantees the “right of silence.” The”right to silence” means that unless a police officer has “probable cause” to make an arrest or a “reasonable suspicion” to conduct a “stop and frisk,” a person approached by the police officer has the legal right to refuse to answer questions. Indeed, a person who has reason to believe that he or she is a potential suspect should politely decline to answer questions, at least until after consulting an attorney. The best possible thing to say is, “I respectfully decline to answer your questions. I invoke my right to remain silent. I am requesting an attorney.”
The right to remain silent does not protect a person who gives a false name or other incorrect information to the police. You can remain silent, but lying to the police is a crime in Michigan.
The best thing to do is decline to answer questions without a lawyer present. The police are not seeking the truth; they are building a case. Anything you say or that you do will be interpreted as evidence of a crime, even an inadvertent expression, blink, or sign of nervousness.
Questioning After the Arrest
Never speak to the police or answer questions after an arrest. Period.
Suspects all too frequently unwittingly reveal information that is later used as evidence of their guilt. People often agree to cooperate with police questioning because they believe they are innocent or think that it would look suspicious if they remained silent. More than half of the criminal cases charged in Michigan would probably disappear if people maintained their silence and asked for a lawyer. Remember, the police are looking to build a case and will likely interpret anything a suspect says or does as evidence of guilt. Even without an inculpatory statement, police often look more minor inconsistencies or minor errors in facts, which they can then use to show that a person was “dishonest.” Worse yet, when everything else fails, police will say that a person was nervous when answering questions and appeared to be dishonest or deceptive. The bottom line is that talking with the police ALWAYS works out very badly for the suspect.
Consequences of Failure to Provide Miranda Warning
Without a Miranda warning, prosecutors cannot use your answers to police questions as evidence against the person at his or her trial. Any answers to custodial interrogation, without Miranda, are subject to suppression. A Miranda violation does not result in dismissal of charges. If the government has enough evidence to proceed to trial, without the statement of the defendant, the prosecution can still move forward.
A Michigan Criminal Defense Attorney will help when constitutional issues need to be evaluated and assessed.
When you or someone you love is facing felony or misdemeanor charges, and there is a possibility of the violation of a constitutional right, it is imperative that to have a criminal defense attorney that has experience and knowledge in constitutional law issues and a track record of winning arguments to suppress evidence. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of legal experience in criminal and constitutional law matters. We are not afraid to stand up and fight for your rights!
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.