Law enforcement officers are not permitted to conduct custodial interrogations without first informing those in police custody of their rights. Essentially, officers are required to tell them that they have the right to remain silent, anything they say can be used against them, and they have the right to an attorney.
Miranda warnings date back to the 1966 case Ernesto A. Miranda v. the State of Arizona, where the Supreme Court ruled that statements made by the defendant while in police custody were obtained in violation of his 5th Amendment rights. As a result, those statements could not be used against him at trial.
If you are suspected or accused of committing a crime, it is critical to know when a police officer must read your Miranda warnings and if they violated your 5th Amendment rights. Attorneys at Vinas & Graham, PLLC, represent clients in all types of criminal law cases, and they know that constitutional rights violations can significantly impact your case.
What Does It Mean To Be In Police Custody?
You might expect police custody to mean that you have been arrested or called to the station for questioning. Knowing if you are in police custody can sometimes be challenging. For example, you might think that the police are just talking to you in your vehicle or on the sidewalk, but you could, in fact, be in police custody.
A determining factor is whether a reasonable person, under similar circumstances, would have felt free to leave. However, this does not apply to situations where an officer detains you for a brief amount of time, such as if you are pulled over for speeding, and the officer takes your license and registration back to his car while you wait.
If you are in the back of a police vehicle and cannot leave until an officer opens the car door, you would probably be considered in police custody. If you are arrested, you are under police control.
The easiest way to determine if you are in police custody is to ask if you are free to leave. The response will determine your status and whether the police should read your Miranda rights.
What Does Interrogation Mean?
A custodial interrogation does not have to be a police interview at the station about a crime you allegedly committed. In general, an interrogation involves an officer asking you direct questions or making comments likely to elicit an incriminating response.
For example, suppose you are accused of shoplifting, and an officer tells you that you should have just paid for the stolen item. Although that is not a direct question, it is a comment that might lead you to make an incriminating statement. If you were in police custody at the time, the police should have read your Miranda rights before making that comment.
After Your Miranda Rights Are Read
After your rights are read, if you continue talking to the police and answering questions, anything you say can be used against you at trial. That is why we always recommend that our clients do not speak with the police until they have consulted with an attorney.
As stated in the Miranda warnings, you have the right to an attorney; if you cannot afford one, a lawyer will be provided for you. Once you ask for a lawyer, police officers should not ask questions without your attorney present.
If they continue to question you without an attorney, your 5th Amendment rights have likely been violated. People often want to speak with the police because they think they will look guilty if they refuse to answer questions.
Unfortunately, police officers count on this to get people to talk, and law enforcement can use anything they say against them at trial. If you refuse to speak with the police after your rights are read, your decision to remain silent cannot be used as evidence of your guilt.
Contact A Houston Miranda Rights Attorney
If you have been accused of a crime and believe your constitutional rights might have been violated, contact a Houston Miranda rights attorney at Vinas & Graham, PLLC. We will speak with you about the allegations against you.
Our attorneys conduct thorough investigations for all our criminal defense clients to review police conduct and how the evidence they collected was obtained. If we discover that the police violated your 5th amendment rights, we will challenge the use of all incriminating evidence gathered as a result of police misconduct.
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