The Miranda warning is a crucial part of America’s criminal justice system, and it is important to understand the rights provided in the warning. A criminal defense attorney in Mesa, AZ can help clients make the most of the rights they are given while providing legal options when a person’s rights are violated. In this guide, clients can learn about the importance of the Miranda warning.
What Is the Miranda Warning?
The Miranda warning is a collection of information that an arresting officer must convey to a suspect before making an arrest. Subjects must be informed of their right to remain silent, their right to legal advice, their right to a public defender, and that their admissions can and will be used against them in court.
What Can Happen If the Officer Doesn’t Read a Suspect Their Miranda Rights?
The police must read the Miranda warning every time they make an arrest, no matter where it happens. If a person is questioned without being read their rights, every admission they make thereafter is no longer admissible in court. In some instances, an officer can try to question a subject without making an arrest. Here, Miranda rights needn’t be read, and anything said during interrogations is admissible in court.
Exceptions to the Miranda Rules
If a person’s conduct has put public safety at risk, the police can use un-Mirandized admissions to follow up with leads in the case. There is also a rule of inevitable discovery, which describes situations where it’s assumed that evidence will be found whether or not the police question a suspect. Any witnesses found during un-Mirandized questioning can offer testimony at trial.
A criminal case can have lifelong effects, even if the charges seem relatively minor. When criminal charges accompany an arrest, a criminal defense attorney in Mesa, AZ can lessen the risk of ill effects.
Click here to get more information or call the law firm of Janet R. Feeley L.L.C. to learn about legal options for those faced with criminal charges. Call or click today to schedule an initial consultation with an experienced criminal defense attorney.