Miranda Rights
When a police officer arrests or interrogates someone for criminal activity, they must verbally inform the individual of their rights. These are known as “Miranda Rights,” after the 1966 Miranda v. Arizona landmark case, in which it was ruled that criminal defendants must be adequately informed of their rights, have those rights fully honored, and be given the opportunity to not self-incriminate.
The four tenets of Miranda Rights are:
- The right to remain silent.
- Acknowledgment that anything said can be used against them in a court of law.
- The right to an attorney.
- The appointment of an attorney if one cannot be afforded.
The reading of Miranda Rights is applicable across the United States, but each state follows their own version of the appropriate verbiage. In Arizona, if a law enforcement officer is arresting somebody, they must read to them:
“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? With these rights in mind, do you wish to speak to me?”
Also known as a Miranda warning, anyone familiar with cop television shows or films has likely heard many versions of these rights. They stem from the United States Constitution’s Fifth Amendment, which deals with self-incrimination (“pleading the fifth”) and Sixth Amendment, which deals with defendant rights.
What Should I Do After My Miranda Rights are Read to Me?
Individuals being arrested or interrogated may be asked for their identifying information prior to being read their Miranda Rights. However, once they are read, the individual is able to request an attorney and refrain from answering any additional questions.
Defense attorneys rarely recommend anyone waive their Miranda Rights. In doing so, an officer is able to use anything they do or say against them in a court of law. Without waiting for counsel from a defense attorney, this is usually detrimental to a defendant.
What if Miranda Rights are Not Read During an Arrest?
A failure to be read Miranda Rights does not mean that a defendant’s charges are dropped. However, any statements made by a defendant without being informed of their rights will not be able to used against them in a court of law. If these statements were paramount to the issue, the case’s outcome may be significantly impacted. However, if the statements were minimal and provided little to no information or evidence, the case’s outcome may not be impacted at all.
Are Miranda Rights Ever Not Required to be Read?
Miranda Rights must be read to every individual being arrested for criminal activity, however they are not necessarily required in other situations. Exceptions include:
- Undercover investigations.
- Issues of public safety.
- Requests for standard identifying information.
- Emergency situations.
- Suspect questioning that leads to tangible evidence or inevitable discovery.
- Routine traffic stops.
- Questioning that shouldn’t lead to self-incrimination.
I Believe my Miranda Rights were Violated. What Should I Do?
Anyone who believes they were not informed of their rights at all, or in a timely fashion, should contact a defense attorney right away. They will be able to quickly ascertain whether or not a defendant’s Miranda Rights were violated, as well as the best path to move forward as a result, such as filing motions to suppress evidence.
RIDEOUT LAW GROUP
With offices in Lake Havasu City and Scottsdale, our firm serves the entire state of Arizona, with a particular focus on criminal defense, family law, and juvenile cases.
Our goal is for the best outcome for your criminal case, which can include:
- charges that are reduced or dropped.
- top experts reviewing your case.
- aggressive negotiations with the prosecution for plea bargains.
- fines or probation in lieu of jail time.
At Rideout Law Group, our attorneys are able to expertly examine the evidence in your case to provide a strong strategy for argument that leads to an outcome that is most favorable to you. We have experience in all types of criminal cases for both adults and juveniles, with positive outcomes both in plea negotiations as well as jury trial settings.
Call us today for a free consultation at 480-584-3328.