QUESTION

After begin taken into custody the police must read you your Miranda rights. What if they don''t?

Asked on Oct 26th, 1998 on Criminal Law - Wisconsin
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After begin taken into custody the police must read you your Miranda rights. What if they don''t?
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Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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At the time you are arrested or taken into custody, or when a reasonable person in your situation would not feel free to leave due to a significant restriction on your freedom of movement and action, the police must advise you of your right to remain silent and your right to counsel as set forth in a 1966 Supreme Court case called Miranda v. Arizona. This advisement must be given before you are questioned. The purpose of Miranda rights is to protect your Fifth Amendment privilege against compulsory self-incrimination. The advisement of rights include the famous words most Americans know by heart, "You have the right to remain silent. Anything you say may be used against you in a court of law." Other rights the police must advise you of are the right to consult a lawyer before being questioned; to have a lawyer present during any questioning; and that if you cannot afford a lawyer, one will be appointed for you. If you agree to be questioned, you should be provided the opportunity to exercise these rights throughout the interrogation. It is not necessary that the police use exact words to advise you?only that they convey the general rights listed in Miranda. If you decide to allow yourself to be questioned, you may stop the questioning at any point and demand a lawyer. The burden is on the prosecution at or before trial to show that you knowingly and voluntarily waived your right to remain silent. Miranda warnings are a procedural safeguard rather than an explicit constitutional right. If the police fail to advise you of your Miranda rights, the remedy is suppression or exclusion of your statements made in response to police questioning from the prosecution''s case-in-chief at your trial. If you didn''t make any statements, there is no remedy for failing to advise you of your Miranda rights because you weren''t prejudiced. The case against you is not dismissed.
Answered on Oct 26th, 1998 at 12:00 AM

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