Many individuals accused of crimes in Utah contact our office with concerns that their Miranda Rights were violated at the time they were arrested and questioned by authorities. Failure to give Miranda Warnings may result in a stronger defense for your case. It is important for any individual who is accused and arrested of a crime, to be familiar with the rights and protections afforded to them by the constitution. This article provides the basic information every citizen should be aware of regarding Miranda Rights and law enforcements duties to provide warnings.
The Miranda Warnings
The Miranda Warnings, as often cited by cops on popular tv shows, are as follows:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to an attorney.
- You have the right to have an attorney present during your questioning.
- If you cannot afford an attorney, one will be appointed to you.
- If you are questioned by the police, you have the right to terminate the questioning.
The majority of these rights are commonly understood by the general population. However, many individuals do not fully understand under what circumstances these rights actually apply.
When Cops Are Required to Give Miranda Warnings
Law enforcement officers are required to give Miranda Warnings if they have placed an individual under arrest and prior to questioning. This means that if you have not been placed under arrest or placed in custody, officers can question you without providing you with Miranda Warnings. Additionally, if you are arrested but never questioned, officers are obviously not required to read you any rights.
The Effect of Miranda Violations
If a police officer fails to read you your rights, after you have been placed in custody, and prior to questioning, what effect will this have on your case? Will your case be dismissed? If the police failed to read you your rights, anything you said will not be admissible at trial. Your case may not be dismissed, but the prosecutor would not be able to use anything said against you.
“Bad Tactics” by Law Enforcement
Anything you say during questioning must be voluntary. Police officers may not use physical force or coercive psychological tactics to get you to speak. You have the right to remain silent and officers are prohibited from using “dirty” tricks to induce a confession.
Utah Miranda Rights Lawyer
If you believe your Miranda Rights were violated during the course of your arrest and custody, you need one of our Utah Criminal Defense Lawyers to brings your defense. Our Defense Attorneys are experienced in Miranda Rights protections and defenses. For more information, call us today at 801-893-1787.
We provide free consultations and can usually tell you right over the phone what we think about your case.