An individual has certain rights extended to them under the Constitution. Both federal and state Constitutional rights protect people from misconduct on the part of agents working for the state. Those facing a criminal investigation or arrested by police officers are at elevated risk of enduring misconduct by state agents.
They need to know their rights if they want to protect themselves from inappropriate behavior by police officers. Those investigating criminal cases may do anything they can think of to solve a case or implicate a suspect currently in state custody. The Miranda warning is a crucial form of protection that can make all the difference for those accused of criminal activity.
What do those in state custody or facing charges generally need to know about the Miranda warning?
What the warning involves
The Miranda warning specifically includes two forms of protection for those subject to a criminal investigation or taken into state custody. Police officers provide the warning to advise people of their right to remain silent and their right to have an attorney present throughout the process. Both of those rights can be crucial for those hoping to defeat the charges that they face.
When officers provide the warning
Contrary to depictions and popular media, the Miranda warning isn’t necessarily part of the arrest process. Instead, it should occur prior to questioning after an arrest. Police officers can question someone who they have not arrested without notifying them of their Miranda rights. They can also arrest someone without providing the Miranda warning if they do not question that suspect. If police officers sit someone down to ask them questions after the initial arrest, then the Miranda warning is necessary before the officers proceed.
How Miranda violations affect criminal cases
A defendant who is unaware of their Miranda rights could make mistakes that affect their legal case. It is sometimes possible for a defense attorney to exclude certain information gathered through inappropriate questioning. If police officers interrogate someone without providing the Miranda warning first, it may be possible to exclude their statements from criminal proceedings. The courts may have to set aside information that implicates someone or contradictory statements. Even signed confessions may not serve as valid evidence if a Miranda violation occurred.
Learning more about the rules that govern police activity can benefit those facing criminal charges. People who know their rights can leverage mistakes made by the police as part of a defense strategy.