Police Officer Did Not Read Me My Rights.
When subjected to custodial police interrogation, a person must be advised of their right against self-incrimination. Premier criminal defense lawyers must be willing to fight when the police fail to follow the rules.
Miranda Rights Are Required in State and Federal Cases
This rule is part of the famous 1966 United States Supreme Court case of Miranda v Arizona. Interestingly, it was purely a coincidence that “rule” was called “Miranda Warnings” because it was part of three other cases, Vignera v New York, Westover v United States, and California v Stewart. Premier criminal defense lawyers know how to protect their clients’ rights. In the event of a constitutional violation, top defense attorneys will seek the dismissal of all charges.
Ernesto Miranda was arrested at his home and taken into custody. Two police officers interrogated him for two hours, resulting in a confession. The prosecution used the confession at trial, and Miranda was convicted.
The United States Supreme Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” The SCOTUS went on to hold, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”
The “takeaway” from Miranda is that if you are in custody and being interrogated, you must be warned before any questioning that you have the right to remain silent, that anything you say can be used against you in a court of law, that you have the right to a presence of an attorney, and that if you cannot afford an attorney, one will be appointed for you before any questioning if you desire. Interrogation means more than just asking for your name and address. Custody means you are not free to leave, even if the police did not formally arrest you.
There have been almost 50 years of court decisions based on Miranda v. Arizona, and not all favor a defendant. It will be interesting to see the direction the SCOTUS takes regarding Miranda now that it has become more conservative. Premier criminal defense lawyers can help you understand your rights and seek suppression of any custodial statements made without Miranda Warnings.
“How does a premier criminal defense lawyer examine the facts of a case to determine if law enforcement violated someone’s rights?”
When a criminal defense attorney considers whether the police violated their client’s right to remain silent, they will typically examine several key factors:
Miranda Warning: One essential element to consider is whether law enforcement read the client their Miranda Rights at the appropriate time. These rights include the right to remain silent, that anything they say can be used against them in a court of law, the right to have an attorney present during questioning, and that if they cannot afford one, the judge will appoint an attorney for them. If law enforcement fails to deliver the Miranda Warning before a custodial interrogation properly, it could potentially violate the client’s rights.
Voluntariness of the Statement: Even if police read the accused their Miranda Rights, the attorney would consider whether the statement was voluntary, knowing, and intelligent. For example, suppose the client was under duress, intoxicated, or experiencing mental health issues that may have affected their understanding or voluntariness. In that case, the attorney may argue that the police violated the accused’s right to remain silent.
Invoking the Right: The attorney would also assess whether the client properly invoked their right to remain silent. Simply staying silent is not always enough to invoke this right; the client may need to affirmatively state that they are choosing to remain silent or want a lawyer. It may be a violation if the client invoked their right and law enforcement continued to question them.
Custodial Interrogation: The right to remain silent typically applies to “custodial interrogation,” which means questioning that occurs while the individual is in police custody or otherwise deprived of their freedom in a significant way. The attorney would need to assess whether the client was in custody and if police interrogated them.
The Waiver: Even after being read their rights, a suspect can choose to waive them and speak to the police. However, this waiver must be knowing, intelligent, and voluntary. The attorney would need to assess whether the client understood their rights, the consequences of waiving them, and whether they did so of their own free will. The specific circumstances and legal standards can vary, so consulting with a qualified legal professional for advice tailored to a particular situation is essential.
What to Look for in a Premier Criminal Defense Lawyer
Assessing the quality and skill of a criminal defense lawyer involves several key factors:
- Experience: Good criminal defense attorneys have significant experience in the number of years they’ve practiced and the types of cases they’ve handled. Lawyers who have managed cases similar to yours can often navigate the system more efficiently and effectively.
- Specialization: If your case involves a specific area of law (like OWI, drug offenses, white-collar crime, etc.), it can be beneficial to find an attorney who specializes in that area. They’re likely to be up-to-date on the latest legal strategies, laws, and precedents in criminal law.
- Courtroom Success: While not every case goes to trial, a premier criminal defense attorney should be comfortable and experienced in and out of the courtroom.
- Reputation: Look at reviews and testimonials from former clients and peers. Also, consider whether the attorney has recognized awards or is part of reputable legal organizations.
- Communication Skills: A good defense attorney should be an excellent communicator in court and with clients. They should be able to explain complex legal concepts in a way that you can understand and keep you informed about the progress of your case.
- Professional Conduct: A good attorney will always adhere to the highest ethical standards and demonstrate professionalism. They should be respectful, honest, and forthcoming.
- Strategic Thinker: An effective defense attorney strategically thinks, is capable of creating a comprehensive defense strategy, and adapts to changing circumstances.
- Passionate and Committed: A good lawyer is passionate about their work and committed to achieving the best possible outcome for their clients.
- Confidentiality: They should respect the attorney-client privilege and keep your information confidential.
- Legal Fees: While a high fee doesn’t always equate to high quality, a low price could indicate a lack of experience, desperation, poor reputation, or weak track record. Ensure you understand how they charge (hourly rate, flat fee, etc.) and what services they include.
You want someone who makes you feel comfortable, understands your specific needs, and has the expertise to handle your case effectively. Always interview potential lawyers, and do not be afraid to ask them questions about their experience, approach, and track record.
Have Questions? Call the Premier Criminal Defense Lawyers for Answers
SCOTUS decisions about constitutional law and its relation to criminal cases are frequent. That is why it is essential to have great legal representation when facing criminal charges or an investigation. It is in your best interest to have legal help that is aware of all changes in the law and completely up-to-date. The criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. are always current on the status of the law and all available defenses. They also use any changes in the law to their client’s advantage. The criminal defense lawyers of LEWIS & DICKSTEIN, P.L.L.C. are made up of award-winning lawyers who take great pride in giving each client the first-class defense they deserve.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
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