Anyone who’s watched true crime shows or police dramas has likely heard police officers tell people that they have the right to remain silent and the right to an attorney. Those rights are known as Miranda rights because of a case, Miranda v. Arizona, that went before the Supreme Court in 1966.
The Miranda rights are required to be read if an individual is being interrogated and they’re in police custody. These rights aren’t required to be read when a person is having a casual or general conversation with a police officer.
What happens if a person isn’t read their Miranda rights?
One provision in the Miranda rights is that the person is warned that their statements can be used against them in court. If the person is being interrogated while in custody and isn’t provided that information, the statements can’t be used against them. This doesn’t mean that their charges will be dismissed, but it may make it more difficult for the prosecution to prove the charges.
How can a person invoke their Miranda rights?
Miranda rights invocation isn’t automatic. Instead, the individual has to invoke those rights by clearly stating that they wish to remain silent and consult with their attorney. Once that’s done, the police officers have to cease questioning. This pertains to all officers, so they can’t call new people in to resume questioning.
Miranda rights violations can be important parts of a criminal case because of the exclusionary rule. Working with someone familiar with these matters may be beneficial as the defendant tries to shape their defense strategy.