Whether you have seen Miranda rights played out on television or in real life, most people are familiar with the phrase, “You have the right to remain silent…” Many are aware that Miranda rights are recited to people when they are arrested. Often though, people do not fully understand what Miranda rights are, and when they actually apply. Many do not give it a second thought, until they find themselves in an entanglement with the law. Following an arrest, many may begin to question what Miranda rights are and what the point to them may be. What happens if your Miranda rights are not recited to you? Could it really have an impact on your criminal charges? Situations such as this most certainly call for the experience of a criminal defense attorney. They will be able to review your case and determine the ramifications surrounding this.
What are Miranda Rights?
Miranda rights are given to suspects to make them aware of their rights during questioning from law enforcement. Arrests can occur without law enforcement reading your Miranda rights. Police are only required to read your Miranda rights if they intend to put you through some type of potentially incriminating questioning following an arrest. If an arrest is not made, and a suspect is not officially brought in for questioning, police may not be required to Mirandize someone. You can waive your Miranda rights at any time and choose to freely answer questions asked of you. By making the decision to endure questioning, you put yourself at risk of the information you provide to be used against you in court. It is important to note that at any time during questioning you can invoke your Miranda rights again.
The Impact on Your Case
A good attorney, will certainly work hard to get your charges dismissed in the event that law enforcement fails to read your Miranda rights. Despite this, it is a common misconception that your case will get dismissed or thrown out of court if law enforcement failed to inform you of your Miranda rights. It will be vital that you inform your attorney as soon as possible if this has happened to you. They will take the appropriate steps to file a motion in an effort to eliminate disclosures you made during questioning. This can ensure that the statements you made are not used against you. If the judge grants the motion, the charges against you could be reduced or even dropped. This is especially true if there is significantly less evidence as a result. It’s important to remember that even despite attorney’s best efforts; there could be far too much incriminating evidence against you in order to have your case thrown out. The most important thing to remember is to not answer any police questions without asking first to speak with an experienced criminal defense attorney.
It’s daunting to be faced with pending criminal charges. There is likely much at stake, including your freedom. For the fortunate few, there are times when loopholes in the process can be found that could impact your case. A top WV criminal defense attorney may be able to take a look at your case and determine if mistakes made by law enforcement during your arrest could impact your charges.