The Requirements of Miranda Rights
The Miranda warning, otherwise known as Miranda rights, is a warning given to criminal suspects when in custody of the police and prior to questioning that states their legal rights while being questioned. The Miranda warning is a result of the fifth amendment of the U.S. constitution that maintains that a suspect must be protected from self-incrimination. As such, any information obtained from an individual during questioning who has not been read their Miranda rights cannot be used to incriminate that person in a criminal trial. Unfortunately, many people in Cape Cod don’t understand their rights if they’re not read the Miranda warning – something attorney James Powderly knows can highly influence the positive outcome of a case.
Six Requirements for Miranda Rights
In order for a defendant to use the defense that they were not read their Miranda rights, certain requirements must be met. If the following six requirements are not met, the Miranda warning does not apply and, thus, the fact that he or she was not read their rights makes no difference in their case.
- Evidence must have been collected at the time of the interrogation
- Evidence must have been testimonial, meaning communication must have been provided that asserts a fact or belief, or discloses information
- Evidence must have been attained while the suspect was under custody, implying that the individual was under formal arrest
- Evidence must have been the result of questioning – the defendant must prove that the statement was provided during a time of official interrogation
- Questioning must have been performed by state officials
- Evidence must be offered by the state during a criminal trial – a case in which a defendant could be fined or imprisoned
Discuss Miranda rights with a Cape Cod Criminal Defense Attorney
Every person accused of a crime has the legal right to defend him or herself against that accusation. Fortunately for Cape Cod residents, attorney James Powderly is experienced in handing such cases and knows how to defend a client, whether or not they believe they were properly read their Miranda rights. Call 508-343-0676 to find out what defense options are available to you.