Attorney James K. Minick

Attorney James K. Minick

Due to exposure from TV shows and movies to the famous Miranda warnings, many people are aware that police are required to give a Miranda warning following an arrest. However, some people assume that if the police don’t read them their Miranda warning, they will be able to escape punishment for their arrest. Unfortunately, this is not true. Although Miranda warnings are required, they will not absolve an individual from criminal liability for their actions. However, what does happen if a Miranda warning is not read?

The Miranda Warning

First, what is the Miranda warning? In Miranda v. Arizona, the Supreme Court ruled that police officers are required to inform individuals who are arrested, detained, or interrogated of their rights. As a result, police officers generally inform individuals of the following rights:

• Ability to remain silent;
• Ability of the police to use any statement made by the individual against the individual;
• Ability to hire an attorney;
• The right to a public defender if the suspect can’t afford an attorney;

To determine when a police officer must read an individual their Miranda rights, the Supreme Court mandated that it must occur whenever an individual is in the custody of the police. Custody is defined as any time that an individual is deprived of his or her freedom in any significant way by a police officer. In other words, any time that an individual is not allowed to leave.

Failure to Provide a Miranda Warning

If an individual has been placed in police custody and has not been read his Miranda warning, any statement that the individual makes cannot be used as evidence against the individual at trial. This applies regardless of whatever the individual says, even if the individual confesses to the crimes. Additionally, any statement that the individual makes that leads to the police finding evidence of a crime will also generally be excluded at trial under the Fruit of the Poisonous Tree rule.

Contact Us

If you or someone you know have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. Contact Us at Minick Law, P.C. for a free consultation on your case.

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