COPS has done the world a disservice. Because of that show, nearly everyone
believes that if they get arrested, they have to be read "the Miranda
Warning." A Miranda Warning is what is commonly referred to as "having
your rights read to you"; it's what cops are doing when they tell you all
that stuff about how they can use anything you say against you, and how if you
can't afford an attorney, one will be appointed to you.
Make no mistake -
Miranda Warnings are an essential part of the criminal justice system of our
Country. However, cops are NOT required
to "Mirandize" everybody they arrest. And a cop's failure to
"Mirandize" you DOES NOT automatically mean the case has to be
dismissed.
Miranda Warnings
are only necessary in the context of a "custodial interrogation." The Miranda Case made it so cops have to tell
you about your rights to remain silent and to a lawyer, etc., before you can be
interrogated while in custody. If cops
fail to advise you of your rights during a "custodial interrogation,"
and during that interrogation you give some kind of incriminating statement or
information, it's possible that it can be kept out of court. If that statement or information is necessary
for the State to secure a conviction against you, keeping it out may mean the
State will have to drop the charges.
What's a
"custodial interrogation?"
That is often a complex legal determination you may need an attorney to
figure out. If
you think you should have been read your rights, or the State is trying to use
information against you that you believe it obtained illegally, or if you have
other criminal law questions, please contact JHD Law at (515) 875-4818,
www.jhdlawfirm.com, or via Twitter @JHDLaw.
No comments:
Post a Comment