Do You Have the Right to Remain Silent: Knowing If Your Miranda Rights Have Been Violated
When caught up in legal proceedings, every citizen needs to understand their rights and exercise them to the best of their ability. One of these rights is the right to remain silent, a constitutional right that every citizen of the United States of America has. In addition, citizens also have the right to an attorney. However, what happens when an individual is not Mirandized before an arrest, and how can one know if their rights have been constitutionally violated?
Miranda Warning
In the United States of America, the Miranda warning is given by police to criminal suspects in custody, advising them of their right to remain silent, their right to an attorney, and the consequences of waiving those rights. The Miranda warning is essential to safeguarding an individual's Fifth Amendment right to the Constitution against self-incrimination and their Sixth Amendment right to legal counsel.
Violation of Miranda Rights
If a person is not Mirandized before arrest, their rights have been constitutionally violated. Some specific things that could have happened, leading to a violation of Miranda rights, include being arrested and interrogated without being informed of your Miranda rights, being coerced or pressured into giving a statement, or being detained or arrested without being informed of your Miranda rights.
In such situations, a person must notify their attorney as soon as possible and inform them of the violation of their rights. It is important to remember that anything you say can and will be used against you in a court of law. Thus, you must stay silent and exercise your right to an attorney immediately.
Moreover, if people are unaware of their rights, they could easily incriminate themselves or make statements that could lead to arrest and conviction. Every citizen must know their rights, especially before getting charged. For instance, if pulled over in a car or questioned by a police officer, a person has the right to remain silent and can only speak in the presence of their attorney.
How To Know When Your Rights Are Violated
Firstly, if a police officer fails to provide you with a Miranda warning, it may indicate a violation of your rights. As mentioned, law enforcement must inform you of your rights before questioning you. If they did not do so, this could serve as a defense if any statements or evidence were gathered through questioning. However, this does not mean that any information obtained without a Miranda warning will automatically be inadmissible in court. It would help if you talked to an experienced criminal defense lawyer who can review the circumstances of your arrest.
Secondly, if law enforcement uses coercive or deceptive tactics to persuade you to waive your Miranda rights, this may violate your rights. Physical force, threats, or promises should not be used to convince you to answer questions. If you make any admissions or statements under duress or deception, they may be inadmissible in court. This principle is intended to ensure you have a genuine opportunity to waive your Miranda rights voluntarily.
Thirdly, extended periods where you are not permitted to contact an attorney violate your rights. This means that your rights may have been violated if you have been held for a lengthy interrogation without being allowed to speak with an attorney. In some cases, the interrogating officers may use tactics to prolong the interrogation, such as denying you food, water, and sleep.
Fourthly, unrecorded statements may indicate that your rights have been violated. If law enforcement did record the statement, but the recording stops abruptly, this could serve as evidence that your rights have been violated. In some cases, the interrogating officers may manipulate the statements you made during your interrogation, or they may misrepresent them to the court or the jury.
The Miranda warning is a vital part of the legal system in the United States, and every citizen needs to know their rights. Your rights have been violated if you are not Mirandized before an arrest and interrogated or pressured into giving a statement. It is important to immediately exercise your right to an attorney and remain silent until you have legal counsel present. Remember, knowing your rights is key to protecting yourself and avoiding self-incrimination.
Ohio and Indiana Criminal Defense Trial Lawyer
Are you facing criminal charges in Ohio or Indiana? Is there a warrant out for your arrest? Do you even suspect that you may be charged with a crime? Don’t wait –contact Matthew W. Chapel, Trial Lawyer in Fort Wayne, ASAP to protect your rights and future. Call us at (260)387-6236 or complete the contact form and ask for your FREE consultation NOW.
If you have questions about a matter that is pending before a court in Northeast Indiana or Northwest Ohio, contact Matt Chapel immediately. Call us at 260-387-6236 or email us at info@mattchapellaw.com.