What happens if I am not given my Miranda Rights when I am arrested?
Miranda is the statement that everyone knows regarding your basic right to an attorney and the right to remain silent.
Failure by the officers to give you your Miranda Rights could lead to your statements being stricken, thus not allowing them to be used against you at trial.
Miranda applies when you are in custody and it pertains to statements that are made after questioning, but excludes voluntary statements that were made without provocation. The attorney can file certain motions to have the court decide on whether the statements are admissible prior to trial.
A common misconception is that the case will be thrown out or dismissed because of the lack of Miranda prior to statements made by the Defendant. However, due to the fact that the officers and prosecution typically have additional evidence against the Defendant, this usually provides enough evidence to allow the case to proceed.
Miranda only applies to statements made by the Defendant and does not prohibit other evidence from being admitted at a trial.
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would be more than happy to answer any questions you have related to this topic. Please don’t hesitate to contact me at Marcus@MDWilcoxLaw.com
Marcus D. Wilcox
Attorney at Law, esq.
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