Many people who get arrested did not expect a negative encounter with law enforcement. People may not even realize why officers believe that they have violated the law initially until after questioning by the police clarifies the situation.
Unfortunately, questioning by police is often when people end up tricked or manipulated into admitting they did something wrong or otherwise implicating themselves. Police officers will frequently lie to those suspected of criminal activity, possibly telling them they have evidence that they do not or that they can ensure someone avoids jail time if they only confess to their crimes.
While a police officer lying to you is not necessarily a violation of your rights, failing to advise you of your Miranda rights before questioning is a serious rights violation. Do you believe you experienced a Miranda violation while in police custody?
What are the rules for the Miranda Warning?
The Miranda Warning is a form of protection for those in state custody. Police officers who intend to question someone must first advise them of their right to remain silent and their right to an attorney during criminal investigations and prosecution. Even if there is a language barrier, officers must inform someone of these rights before they subject that individual to questioning.
People sometimes believe they have experienced a Miranda violation when they didn’t actually. Although entertainment media often makes it seem like the Miranda Warning occurs during an arrest, an officer does not need to advise someone of their Miranda rights while placing them in state custody. Instead, an individual needs to know about their rights prior to questioning.
What would a Miranda violation mean?
If the police did question you improperly and the prosecutor wants to use your statements or confession as part of their case in criminal court, your lawyer could prevent that from happening. There are criminal court rules that allow defendants to exclude statements made after a violation of their rights by the police.
Although you can prevent the state from using improperly obtained evidence, it is almost always a better option to know your rights ahead of time and assert them when speaking with the police. Learning about your rights can help those worried about facing criminal charges.