Thanks to movies and TV shows, most people understand that the police must provide a Miranda warning when they arrest a suspect. However, the information contained in these dramas is not entirely accurate.
Much more commonly, police question a suspect during a “non-custodial interrogation.” In this situation, where the police have not arrested anyone, they are not required to provide a Miranda warning. Instead, they encourage a person to speak voluntarily in a way that does not violate the law.
To protect yourself, your rights, and your freedom, you need to understand your Miranda rights. If you were arrested, do not talk to the police. Politely and calmly tell them you are invoking your right to remain silent and that you will not answer any questions without your lawyer present. Then contact Michigan defense attorney Robert Elmen.
Elmen Legal is based in Ann Arbor and represents people charged with crimes throughout Michigan. He is a staunch defender of the rights of the accused who will work tirelessly to defend you against criminal charges.
Contact Elmen Legal today to schedule a confidential appointment to discuss your situation.
A Miranda warning is the formal notification police are required to provide anytime they take a person into custody and question them. The Miranda warning informs the person of their constitutional rights, specifically their right to remain silent and their right to an attorney.
These rights are deemed so fundamental that failure to provide a suspect with a Miranda warning can be grounds for having evidence excluded or the case dismissed.
A person’s Miranda rights are triggered anytime they are arrested. Under the 1966 US Supreme Court decision in Miranda v. Arizona, police officers are required to advise a suspect of their constitutional rights when they take a suspect into custody and before they begin asking questions.
While the wording of the Miranda may be slightly different from state to state, the Miranda warning must advise a person that:
A suspect’s Miranda rights are fundamental to the fair administration of justice. However, the Miranda warning is not required in every interaction with police. So when, exactly, is a Miranda warning required?
Police can lawfully ask a person questions without providing a Miranda warning. This is called a “non-custodial interrogation” and any information gained during this time can be used against you.
Police are only required to provide a suspect with a Miranda warning when two conditions are met: (1) the suspect is in custody, and (2) the police intend to interrogate them (ask the suspect questions).
If you receive a Miranda warning, it is likely because you are being arrested. To protect yourself, your freedom, and your legal rights, politely but firmly tell the police officers you are invoking your right to remain silent and that you will not answer any questions without an attorney present.
Then do not say anything and contact a lawyer.
Unfortunately, too many people continue to talk to the police even after they have received the Miranda warning. They may think they can talk their way out of it, convince the police they are innocent, or that it would look suspicious if they remained silent.
Remember — when police ask you questions, they are gathering evidence to try to build a case against you. They will interpret anything you say as a sign of guilt and will use it to try to convict you. Police officers are trained to look for minor inconsistencies or even simple errors and will use these mistakes to claim a person was dishonest.
The bottom line is, once a person has been arrested, saying anything almost always works out poorly for the suspect.
If you are asked questions while in police custody and the police did not provide you with a Miranda warning, your defense attorney can file a Motion to Suppress Evidence seeking to exclude any unlawfully obtained information.
If you were charged with a crime, having experienced legal representation is crucial. Call (734) 707-8915 or contact Elmen Legal online today.
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