There are many people who believe that they can be free from their punishment if they got arrested without the police reading their rights. This is not true. However, the prosecutor cannot use any of their statements as evidence against themselves at trial. There are exceptions to the rule, of course. Let’s find out all about them.
The Miranda warning is formed from the decision of Miranda v. Arizona of the United States Supreme Court. This requires the officers or police to inform you about important things that you will face after you get arrested. A Miranda warning should be done before the officer questions you and not after The police that will interrogate you should inform you of the following:
- You are given the right to stay silent.
- Anything you say could be used as evidence against you in the court.
- You are given the right to be with your lawyer during the questioning.
- When you can’t afford to have a lawyer, someone will be designated to you if you want to.
Miranda Warning: When Required
The place of interrogation doesn’t matter. It may be at the crime scene, in jail, in the middle of the field, or at your doorstep. It is a must for an officer to read your Miranda rights if you are in custody and if they want to interrogate you for evidence at trial.
A Miranda warning is not required if you are not in the custody of the police. Also, anything you say may be used at a court trial. Anything the arrestee says during a custodial questioning cannot be used against him at trial if there is no Miranda warning given.
Questioning Before and After the Arrest
Is there a need for you to answer the police’s questions if you have not been arrested? Principally, there’s no need to do it. This is because no police officer can arrest you for simply not answering their questions. However, there are some situations wherein there’s a need for you to give them information such as your identification.
Most defense attorneys will give you the advice to remain silent during a post-arrest questioning. There are some suspects who frequently reveal information that can be used against them as an evidence of their guilt. N.J. Preovolos Law Corporation has the best defense attorneys that will give you the best advice if you have been charged with a crime or arrested. Make sure to hire a legal advisor when you plan to give the police information about the case or when you are scheduled for questioning.
It does not necessarily mean that the police officers commit a violation of Miranda rights when they coerce the statement of the suspect. However, if they are really forcing the suspect to make any statements, those statements and evidence that the police obtained will be inadmissible in the court.
The rule of Miranda rights is complicated. Since it may slightly vary from one state to the other, you can’t completely rely on the information given online. You should consult your lawyer if you want to know what actions you need to do if you have been charged with a crime and arrested.