Many people understand the basics of the Miranda Warning. They know that they should hear from the police about their right to remain silent and their right to legal representation provided by an attorney. Even those who don’t understand their other civil rights know about the Miranda Warning because it features prominently in modern media.
What people don’t understand is when the Miranda Warning is necessary. Contrary to what some people believe, the Miranda Warning is not necessary when the police first arrest someone. Many people who never hear the Miranda Warning at the time of their arrest do not experience any sort of Miranda violation.
When you understand the rules regarding when a police officer must inform you of your Miranda rights, you can better determine if there was a violation of your rights while you were in state custody.
The warning is only required before questioning
Police don’t need to advise you of your rights when they take you into state custody. Instead, they should inform you of your Miranda rights before they attempt to question or interrogate you while you are in state custody.
Someone who is under arrest and discussing a criminal matter with the police should receive formal notice of their Miranda rights before moving forward with the conversation. If a police officer arrests you and never questions you, there is no need to provide the Miranda Warning.
However, if a police officer asks you questions without providing you with the Warning or if they questioned a loved one who had a language barrier without providing a translation of the Miranda Warning, then a violation may have occurred. If the police violated someone’s Miranda rights while questioning them, the courts may exclude any statements or confessions made from criminal proceedings.
Miranda violations do not necessarily result in the dismissal of criminal charges, nor do they create a reason for someone to seek compensation in civil court. Those who may have an encounter with the police will be better able to protect themselves and make use of their rights if they know those basic rights before the interaction with law enforcement.
Understanding the rules that could influence your criminal defense options can help you better handle the consequences of a recent arrest.