Miranda rights violations can have huge implications for the prosecution’s case against you, so it’s important to be able to identify these violations and have an attorney who can address them head-on.
A Miranda violation is any violation of your Miranda rights, such as your right to an attorney and your right to remain silent. Not informing you of your rights before an interrogation, refusing or ignoring your request for an attorney, and continuing to interrogate you after you invoked your right to remain silent are all Miranda rights violations. Statements obtained through Miranda rights violations or other constitutional rights violations are inadmissible, and our lawyers can file motions to suppress such evidence in your case.
For your free and confidential case evaluation from our New Jersey criminal defense lawyers, call the Law Offices of John J. Zarych at (609) 616-4956.
What is a Miranda Rights Violation?
Police officers must advise you of your Miranda rights before a custodial interrogation, and they must listen to you if you invoke your rights at any time. Any behavior that contradicts that obligation is a violation of your Miranda rights.
Interrogation without Miranda Warnings
Police officers must read you your Miranda rights before questioning you during a custodial interrogation. Interrogating you without advising you of your Miranda rights is a major rights violation.
The police don’t have to warn you of your Miranda rights outside of a custodial interrogation, such as during a traffic stop. They also do not have to advise you of your Miranda rights before you make a voluntary statement.
Ignoring Your Request for a Lawyer
In addition to informing you of your Miranda rights, police officers may not ignore you when you invoke any of those rights. For example, suppose you request an attorney immediately after the police read your Miranda rights, as you should. If police officers ignored your request for a lawyer and continued questioning you without contacting your attorney, they have violated your Miranda rights.
It is every defendant’s constitutional right to have an attorney, whether or not they can afford one, and the police must comply.
Ignoring Your Right to Remain Silent
Once you invoke your right to remain silent during a custodial interrogation, the police must stop questioning you right away. Only if you explicitly waive your right to remain silent can the police resume questioning you about the crime officers are investigating. They can still ask you routine booking questions after you invoke your right to remain silent, but may not try to elicit a statement or confession.
Don’t offer any statements willingly after invoking your right to remain silent. If you initiate a conversation again with law enforcement and agree to talk without a lawyer, any statements you make will be admissible.
How Do Miranda Violations Affect Your Case?
Miranda rights violations can undermine the prosecution’s case and benefit the defendant.
Statements Are Inadmissible
If the police violate your Miranda rights during a custodial interrogation, tell our lawyers. Any statements you made after the rights violation occurred may be inadmissible, even if you said something self-incriminating.
Our Atlantic City, NJ criminal defense lawyers can file a motion to suppress evidence obtained in violation of Miranda rights so that it is never admitted in your case or seen by the jury.
Charges May Be Lowered or Dropped
If statements or confessions are inadmissible because of Miranda rights violations, the prosecution might have a much weaker case. Because of this, Miranda rights violations sometimes lead to charges being dropped entirely. If the prosecution still has some evidence but not enough to support the most serious charges, it may still have enough to pursue lesser charges after a Miranda rights violation.
FAQs About Miranda Rights Violations and Criminal Cases
When Must the Police Advise You of Your Miranda Rights?
The police must only advise you of your Miranda rights during a custodial interrogation. They do not necessarily have to do it immediately after you are arrested; it can be done just before they try to initiate the custodial interrogation.
When Can the Police Ask Questions without a Miranda Warning?
The police can ask you questions without giving any Miranda warnings outside of a custodial interrogation. This includes traffic stops, voluntary interviews, and responding to 911 calls.
Do Miranda Rules Apply to Voluntary Statements?
Miranda rules do not apply to voluntary statements. If you offer information unprompted and voluntarily, it will most likely be admissible in your case. Even if you previously invoked your right to remain silent or your right to an attorney, refrain from offering voluntary statements and re-engaging in conversation with the police.
Can You Still Invoke Your Miranda Rights if You Were Not Advised of Them?
You may still invoke your Miranda rights during an interrogation, even if the police already violated your rights by not advising you of them.
What Are Other Rights Violations and How Do They Affect Your Criminal Case?
Other constitutional rights violations include illegal search and seizure, coercing confessions, excessive force, and false arrest. Like Miranda rights violations, other rights violations can render evidence inadmissible, potentially forcing the prosecution to lower or drop the charges against you.
How Do You Properly Invoke Your Miranda Rights?
To invoke your Miranda rights, speak clearly and loudly so that there is no confusion about what you are saying. Only say that you are invoking your right to remain silent and your right to an attorney. After you say that, say nothing else if the police continue questioning or pressing you.
What Should You Do if the Police Ignore Your Miranda Rights Invocation?
If the police ignore your Miranda rights invocation, you may continuously assert your rights and repeat that you wish to remain silent and to have an attorney present.
Call Our New Jersey Criminal Defense Lawyers for Help Today
Call the Vineland, NJ criminal defense lawyers of the Law Offices of John J. Zarych at (609) 616-4956 for a free and confidential case discussion.
