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How Can an Attorney Use Miranda Rights Violations as Part of a Defense?


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The Miranda rights or warnings are a long-standing part of our legal system. The Constitution of the United States provides citizens with specific rights that cannot be violated. As the legal system evolved, it became necessary to ensure that a defendant knows and understands their rights before they proceed with questioning in a criminal case. The specific case that secured these important details was called Miranda v. Arizona, in 1966. The law became known as the Miranda warning or Miranda rights.




Law enforcement is required to read the Miranda rights in any arrest situation before they ask questions. If the police officer fails to read your rights, it could be considered a violation of the law. Therefore, if you were not provided with your rights, it could impact your case. Many people wrongfully believe that if your Miranda warning was not given, the entire case will be thrown out. However, that is not true. However, a Miranda rights violation can help your case. If you believe that your arrest rights were violated, you will want to consult with an attorney as soon as possible.




If you were arrested for a crime, you may wonder whether the police violated your Miranda rights. It is helpful to understand that when the police first approach you as part of an investigation of a potential crime, they can ask you questions without having to read your rights. If you say anything incriminating before your rights are read, these statements might be used in your case. If you are arrested, the police still do not need to read your rights until they are ready to question you. For example, they may place you in handcuffs, put you into the squad car, and drive you to the police station all without reading your Miranda rights. Once the police are ready to question you, they must read you your rights.




When your rights have been violated, it means that law enforcement talked to you without reading Miranda warnings. How this could help your case depends on your statements to the police. Generally, if law enforcement did not read your rights, your attorney could file a motion to suppress any evidence that was gathered as a result. That does not mean your whole case is dismissed. What it does mean is that the specific statements that you made might not be allowed as evidence against you in the case. In some instances, the prosecutor may reduce or eliminate charges if there is not enough other evidence against you. There are times when the police forget to read your rights to you and this could be considered a violation.


Miranda warning violations can be complicated to assess. Certainly, the police do not want to readily admit that they did not provide a defendant with their Miranda warnings. It will take some assistance from a knowledgeable criminal defense attorney to evaluate what happened and determine whether there was a violation. If so, your lawyer will file a motion to eliminate any related evidence from your case. If you feel that your rights were violated after arrest, contact our team today at Strongest Defense at (805) 947-5443 for a consultation.