We’ve all seen movies and T.V. shows where criminal defendants who are arrested are informed of their right to remain silent and their right to an attorney. These rights are real, and acting on them could keep you out of jail. But the police don’t always have to advise you of your Miranda rights, so it’s crucial to know when that requirement kicks in. That said, it’s also important to note that you never have to talk to the police, and doing so voluntarily could land you in more trouble than you anticipate.
When do the police have to advise you of your rights?
Generally, the police are required to advise you of your Miranda rights any time that you’re arrested or subjected to custodial interrogation. This, then, often begs the question: what constitutes an interrogation? It’s a good question since police officers often try to get around advising suspects of their rights by conducting non-custodial questioning. If you’re free to leave, then you’re likely not being interrogated. So, if the police start asking you questions, even at the police station, you should ask them if you can go. If you can’t, then you’re being held for interrogation and should be advised of your rights.
What if you’re not advised of your rights?
If investigators fail to inform you of your rights, then there’s a chance that any incriminating statements you make can be blocked from being used against you in court. This is because those statements were likely obtained in violation of your Constitutional rights.
But the court won’t automatically block this evidence from being used against you. Instead, it’s up to you to file a motion with the court asking for that evidence to be suppressed. Then, the court will schedule the matter for a hearing where you and the prosecutor will have an opportunity to lay out your arguments. If you’re armed with strong legal arguments, then you’ll hopefully be able to block that evidence from being used against you, which may derail the prosecution’s case and increase your chances of putting this dark chapter of your life behind you.
