As Las Vegas Criminal Defense Attorneys, we often hear from our clients that they were not properly given their Miranda warnings. You know, a Miranda warning, where the police tell you that you have the right to remain silent, that anything you say can be used against you in Court and that you have a right to an attorney. Unfortunately, most people don’t understand what a Miranda warning is and don’t know when it is required for the police to give the Miranda warning. This article explains the Miranda warning.
What Are My Miranda Rights?
Citizens and non-citizens alike have many rights under the United States Constitution. The Miranda Rights get their name from a famous United States Supreme Court Case called Miranda v. Arizona. In that case, the Supreme Court said that when a person is arrested and the police want to interrogate the suspect, they have to remind the suspect that they (1) have the to remain silent and (2) have the right to an attorney.
What Is My Right To Remain Silent?
The right to remain silent means the police can't force you to admit that you committed a crime or make any other incriminating statements. It means you can literally sit there and say nothing. This is your Constitutional Right.
What Is My Right To An Attorney?
If you say you want a lawyer during police interrogation, you get one. If you have a criminal defense lawyer, you should be allowed to contact that attorney before you make a statement to the police. If you don’t know an attorney or cant afford an attorney, the Court will appoint an attorney to you.
When Do The Cops Have to Read Me My Rights?
The Miranda Warning has to be given after arrest, but only when the police are trying to get you to confess. Meaning that you are in police custody because either you've been formally arrested by police or because, given the situation, a reasonable person wouldn't feel like he was allowed to leave the scene. For example, if you're in handcuffs at the police station in an interrogation room, you are obviously in police custody. If a police officer walks up to you in the street and asks you your name, you're not in police custody.
In addition to being in police custody, it also means that the police are asking you questions intended to get a criminal response. For example, if the police stop you at a red light and ask for your driver’s license and registration, this is not an “interrogation.” If the police have you in handcuffs and are asking if you robbed the 7-11, this is an interrogation and you must have your Miranda Rights read to you.
What Happens If The Police Don’t Read Me My Rights?
There are consequences when the police have arrested and interrogated a suspect but don’t read the Miranda Warning. However, it doesn’t always mean the case gets tossed out. Chances are, any incriminating statements you made to the police cannot be used at trial. It does not necessarily mean the entire case goes away.
It is important to remember that most of the time the arresting officer doesn’t have to give you a Miranda warning. If you believe that a Miranda warning was required in your case and you gave an illegal confession or made incriminating statements without being read your rights, call us. Our criminal defense attorneys are led by a former prosecutor. We can help. Call us today at (702) 433-2889 or fill out our on-line form.