Miranda rights are reminiscent of old detective shows, but they still have value in today’s day and age. First established in 1966, the Miranda warning requires police officers to inform suspects of certain facts after the arrest and before questioning takes place.
Your Miranda rights include all of the following aspects:
- You have the right to remain silent
- Anything you do or say can be used against you in court
- You have the right to a lawyer during any questioning
- If you cannot afford a lawyer, one will be selected for you if you so desire
While these rights sound simple enough, many individuals who are arrested place a great deal of significance on their Miranda warning. Unfortunately, there are many preconceived notions about how your Miranda rights affect your case and what happens if they aren’t read. Debunking these myths is crucial if you hope to reach a favorable resolution in your case.
The Consequences of Failure to Provide Miranda Warning
Police officers are required by law to read the Miranda rights to all arrested suspects. It doesn’t matter where the arrested occurs or what offense the individual has been accused of – Miranda rights always apply. That being said, failing to read these rights does result in consequences, but they may not be as severe as you’d think.
If you were not read your Miranda rights and you respond to the officer’s questioning, anything you say cannot be used as evidence at trial. There are some exceptions, but most evidence is considered inadmissible if it was garnered by of statements obtained without a Miranda warning.
Unfortunately, your case will not be thrown out as a result of failure to provide Miranda warning. Criminal cases are complex and should only be handled by a dependable attorney. At Rogan Law, we have numerous years of experience and are trusted throughout Scranton. Whether or not you received your Miranda rights, we can prepare the strong defense to your charges that is needed.