Failure to Provide the Miranda Warning
When police place an individual under arrest, they are supposed to read that person a list of the basic rights he or she has under the criminal justice system. These rights, known as the Miranda rights after the benchmark Supreme Court case, include such crucial Constitutional freedoms as the right to remain silent during questioning and the right to an attorney. If a defendant isn’t read the Miranda warning when arrested, or “Mirandized,” the police may have violated an incredibly important step in the arrest process. This may later work in a defendant’s favor.
What Happens if Police Fail to Read the Miranda Rights?
The reading of an individual’s Miranda rights serves an important function of immediately educating the person about some of the most powerful rights he or she has as a defendant. If police fail to provide this information at the time of an arrest or following the citation of the public safety exemption, it can have the following repercussions:
- Any evidence gathered through interrogation of the suspect may be invalid
- Any confessions made by the suspect may be invalid
- Any physical evidence found because of the defendant’s interrogation may be invalid
The failure to read a suspect the Miranda rights can drastically change his or her future case. If you do not recall the police reading you the Miranda rights following your arrest, you may want to discuss the implications of this action with an attorney.
If you’ve been arrested and are facing a tough prosecution, we may be able to help you protect yourself from legal abuses during your arrest and trial. To learn more about how to prepare for your trial and what to expect through the legal process, contact attorney James Powderly today at 508-343-0676.