For decades, the Miranda Warning has served as a crucial protection for those in the custody of law enforcement officers. Those under arrest have the right to hear about their Miranda rights before the police question them. Even if there is a language barrier, officers will need to find a way to effectively inform a suspect of their rights.
Your Miranda rights include the right to remain silent if you so choose and the right to have an attorney represent you during your interaction with the police and while in court. Those accused of a criminal offense may sometimes leverage a Miranda violation as part of their criminal defense strategy.
What effect does of violation of your Miranda Rights have on your defense options?
Miranda violations trigger the exclusionary rule
Prosecutors typically cannot present evidence in criminal court if police officers violated the law together that evidence. The so-called exclusionary rule prevents the state from using illegally-obtained evidence during criminal trials.
If you can show that police officers violated your Miranda rights, possibly by failing to provide the Miranda Warning before questioning you, you could invoke the exclusionary rule. The courts may have to exclude a confession or any statements that you made to the police after a Miranda violation regardless of how important those statements are for the prosecutor’s case.
After a Supreme Court ruling in the early summer of 2022, it is no longer possible to bring a civil lawsuit against a police officer or police department for a Miranda violation. However, defendants still have the right to assert a violation as part of their broader defense strategy during criminal proceedings.
Did a violation actually occur?
Some people have the wrong expectation for the Miranda Warning based on popular media. It’s important for defendants to realize that the Miranda Warning is only necessary before someone undergoes questioning while in state custody. It is not part of the standard arrest protocol, so an officer failing to provide the Warning during an arrest is not automatically mean a violation occurred.
Looking into the details of your recent arrest can help you determine the best criminal defense strategy for your situation.
