Miranda Rights and Criminal Defense

Although criminal defense may take many forms, it begins with the invocation of certain basic Constitutional rights. These rights are commonly known as Miranda rights. Most Americans have a basic awareness of the Miranda rights, but may not know exactly what is involved. If you are unsure whether your Miranda rights have been violated, it is important that you seek the advice of a qualified maryland criminal defense lawyer. Provided here is a general guide to Miranda rights, which is not intended to serve as legal advice.

Miranda v. Arizona

Miranda rights are named for Ernesto Miranda, who was arrested for rape in 1963. At that time, defendants were not informed of their rights, but were granted permission to speak with a criminal defense lawyer if they requested it.

Miranda was interrogated and confessed. He was then convicted based solely on the strength of his confession. Although his court-appointed lawyer appealed to the Arizona Supreme Court, that court affirmed the trial court’s decision.

Eventually Miranda’s case reached the United States Supreme Court. In a landmark decision, that court ruled that because police interrogation is by nature coercive, confessions could not be accepted unless the defendant had been informed of his or her Fifth Amendment protection against self-incrimination and Sixth Amendment right to an attorney and had voluntarily waived those rights.

Today, a violation of the suspect’s Miranda rights may be a sufficient criminal defense to have the charges dropped. However, this depends on the circumstances of the case. The Miranda rights are quite complicated, and only a criminal defense attorney can help you determine whether your rights have, in fact, been violated.

Usage

Although television and movies have taken a bit of literary license with the Miranda warning, under Miranda v. Arizona, police need only read the Miranda rights to suspects that they intended to question. Being arrested and detained without being read your Miranda rights may not constitute a violation.

Each state has developed its own wording. Since defendants must acknowledge their understanding of these rights and voluntarily waive them before questioning may commence, many states now have preprinted forms for defendants to sign.

Miranda rights generally do not apply to standard booking questions such as name and date of birth. They also may not apply to the drawing of blood from suspects accused of driving under the influence of alcohol or drugs.

The Bottom Line

The Miranda rights are a basic element of today’s criminal justice system in the United States. However, they are more complicated than television and movies may make them appear. If you feel that your Miranda rights may have been violated, it is important to speak with a criminal defense attorney right away.