MenuIf you have been arrested in Michigan, police must read you a list of rights to which you are entitled under the Constitution. These rights are called Miranda rights, which outline the rights that all suspects in criminal investigations have while in custody under the 5th and 6th amendments of the United States Constitution. Law enforcement must read you these rights because they are rights under the Constitution, but they can have a profound effect on the success of your defense. In some cases, this may lead to the suppression of evidence central to the prosecution’s case, causing the case to be thrown out.
Skilled Michigan Criminal Defense Representation You Can Trust
Michigan criminal justice proceedings can be incredibly confusing and intimidating. From arrest to potential sentencing, there are many moving parts that, if not carefully addressed, can result in a less-than-favorable result. Miranda Rights violations are only one part of the process you must consider. While it is only one of many parts, a Miranda rights violation could completely change the outcome of your case.
If police obtain some kinds of evidence without reading you these rights, a judge may suppress that evidence. Because of the importance and complexity of this kind of issue, it is vital that you have an experienced criminal defense attorney on your side to assist you. An experienced criminal defense attorney understands the Miranda rights application and how those rights affect your specific case. George Law criminal defense attorneys have extensive experience successfully ensuring that improper evidence is suppressed, leading to case dismissals. To learn more about Miranda rights violations or to speak with a George Law criminal defense attorney about your case, call 248-247-7459 or visit our website today.
Miranda Rights History
The process of reading Miranda rights to those arrested began with the case Miranda v. Arizona. In that case, the defendant was interrogated for two hours, after which they confessed in writing that they had committed kidnapping and rape, which resulted in 20 to 30 years of imprisonment for each count. Miranda appealed the decision where the Supreme Court of Arizona held that the police actions violated Miranda’s 5th amendment constitutional right against self-incrimination and 6th amendment right to consult with a lawyer in a criminal case. Miranda rights readings were established to counter concerns that police were violating rights by using improper and coercive interrogation processes.
Miranda Rights Process
As a result of Miranda v. Arizona, police must first read your rights before questioning you. The standard Miranda warning involves informing you that:
- The right to remain silent
- That anything you say will be used against you in court
- That you have the right to consult with a lawyer and to have that lawyer present during interrogation, and
- If you cannot afford an attorney, one will be provided for you.
Before the police interrogate you, they must notify you of these rights. If you are not read these rights and police begin to interrogate you, the evidence they obtain from that interrogation may be thrown out and cannot be used against you at trial.
When Miranda Rights Apply
You must be read your Miranda rights when you are in custody before interrogation. You are considered in custody generally when you are arrested or in other circumstances in which your movement is restricted by law enforcement. While this is a broad definition of custody, the court will analyze the facts and circumstances in each case to determine if you were actually in custody, which may affect whether your Miranda rights apply.
It is also important to note that if you are read your rights, but officers interfere with or deny your exercise of those rights, the statements you make after invoking that right may be suppressed. For example, if you have informed law enforcement that you do not wish to speak anymore—invoking your 5th Amendment right against self-incrimination—but police continue questioning you, these statements could be suppressed.
Miranda Rights Violations And Evidence
If you are not read your Miranda rights or the exercise of your rights are inhibited, the evidence obtained due to those violations may be suppressed. When evidence is suppressed, the prosecution cannot rely on that evidence when bringing charges against you in court. As a result, that evidence will not be heard by the judge or jury because the evidence is improper or cannot be presented.
In some cases, the evidence obtained from these violations is necessary for the prosecution to prove their claim. In criminal cases, the prosecution must prove all elements by a particular standard of evidence, which may vary based on the charge. The suppressed evidence may be necessary to prove one of those elements; if it is no longer available, the prosecution cannot prove all elements are required. The case must be dismissed if the prosecution cannot prove all elements of the charge. When the charges are dismissed, you will no longer be charged for the accused crime and will be released.
Hiring A Michigan Miranda Rights Attorney
An experienced Michigan Miranda rights attorney can help ensure your defense is appropriately presented. If applicable, your attorney will be able to identify Miranda rights violations and seek the suppression of evidence obtained as a result of those violations, assisting your defense. George Law criminal defense attorneys have extensive Miranda rights experience and are ready to represent you. To learn more or schedule your initial case consultation, call 248-247-7459 or visit our website today.