Of all the legal terms and phrases that have made their way into everyday vernacular, “Miranda” is undoubtedly one of the most well-known. Even the most law-abiding citizens have some idea what your “Miranda rights” refer to given how often the term is used in the news and on television shows. Despite how familiar the term is, however, there are some important misconceptions relating to what rights are included in your Miranda rights, when those rights apply, and what happens if you are not informed of those rights by a law enforcement officer. The Omaha criminal defense attorneys at Petersen Law Office explain your Miranda rights as well as what happens if you are not advised of those rights.
The Case That Started It All — Miranda vs. Arizona
Your “Miranda rights” are referred to as such after the Supreme Court case (Miranda vs. Arizona, 384 US 436, 1966) that required law enforcement officers to advise suspects/arrestees of those rights. The case revolved around the arrest of Phoenix resident Ernesto Miranda in 1963. Ernesto, had not finished ninth grade and had a history of mental instability, was charged with rape, kidnapping, and robbery. The police did not inform Miranda that he had any rights prior to beginning a two-hour interrogation during which Miranda allegedly confessed to committing the crimes. Miranda had no counsel present before, or during, the interrogation. When the case went to trial, the prosecutions entire case was based on Ernesto’s alleged confession. Despite this, Miranda was convicted of rape and kidnapping and sentenced to 20-30 years in prison. He appealed, claiming that the confession was obtained in violation of his constitutional rights and was, therefore, inadmissible. That appeal was eventually heard by the U.S. Supreme Court who, in a 5-4 decision, agreed with Miranda. Specifically, the Court held that the police had failed to first inform Miranda of his right to an attorney and against self-incrimination. The Court further found that the 5th Amendment’s right against self-incrimination and the 6th Amendment’s right to counsel compelled the police to give a suspect warnings about their rights before the police question them. Without these two fundamental rights, both of which, the Court ruled, “dispel the compulsion inherent in custodial surroundings,” “no statement obtained from the defendant can truly be the product of his free choice.” Finally, the court actually included a statement to illustrate, at a bare minimum, what the police must tell a suspect before questioning the suspect. That statement quickly became known as your “Miranda warnings.” The U.S. Supreme Court, in Miranda, made it clear that a law enforcement officer must tell a suspect the following prior to questioning:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- If you cannot afford an attorney, one will be appointed for you.
What Happens If You Are Not Advised of Your Miranda Rights?
Given how often we here Miranda warnings given on television, many people can recite their Miranda rights word for word. Nonetheless, a considerable amount of confusion continues to surround Miranda rights. For example, one of the most common things criminal defense attorneys hear from clients is “The police never read me my rights so the case has to be thrown out, right?” The simple answer is “no.” A law enforcement officer is only required to read you your Miranda rights if you are in custody and the officer wishes to question you. If, for example, the police stop you while you are walking down the street and begin to ask you questions, they are not obligated to Mirandize you first because you are not in custody. Likewise, even if you are placed under arrest and are in the back of a police car, the police are not required to read you your rights unless they want to question you. In addition, your case won’t necessarily be dismissed even if an officer failed to advise you of your Miranda rights when he/she should have done so. Instead, the remedy for failing to advise a suspect of his/her rights is the exclusion of evidence. If you are in custody, and the police question you without first reading your Miranda rights to you, anything you subsequently say could be ruled inadmissible at trial. The State may continue with the prosecution of the case – it may just need to do so without using any statements you made to the police if those statements were made in violation of your rights.
Contact Omaha Criminal Defense Attorneys at Petersen Law Office
If you have been charged with a criminal offense in Nebraska, consult with the experienced Omaha criminal defense attorneys as soon as possible to discuss your legal options. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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