Know Your Miranda Rights

If you have ever been arrested in Colorado and taken into police or other law enforcement custody, you have likely been advised of your Miranda rights. Also known as a Miranda warning or Miranda advisements, law enforcement officials must inform a person of their rights under the US Supreme Court case Miranda v. Arizona (1966) anytime they are taken into custody and subject to interrogation. Generally speaking, law enforcement officers typically inform a person of their rights under Miranda upon arrest.

The Miranda warning informs you of the rights you have under the Fifth Amendment of the US Constitution. If you are not informed of your rights and are placed in custody and questioned, any information that the police obtain from questioning you cannot be used against you because it will likely constitute a constitutional violation. Our Denver criminal defense attorneys can explain in greater detail, and we can speak with you today if you believe your Miranda rights were violated.

Miranda Warning: Your Rights 

What are the rights you must be informed of in a Miranda warning? They include the following, which you have likely encountered while watching police procedural shows on television or movies that contain arrest and interrogation scenes:

• 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; and
• If you cannot afford an attorney, one will be provided for you.

Once you have been informed of these rights, a law enforcement officer should ensure that you understand these rights before attempting to question you.

Your Rights in Practice

What do these rights mean, and when must you be informed of them?

First, as soon as you have been informed of these rights, you can indicate that you want to remain silent and to speak with an attorney, and the police cannot continue to question you. Doing so can be a constitutional violation. The police can only question you after you have invoked your rights if you expressly waive them.

Second, you must be informed of these rights before any “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way,” according to Miranda. Whether or not a person is “in custody,” or in a custodial situation, typically depends on whether or not the person’s freedom is restricted, and whether they can leave the situation.

If a person is in handcuffs, they are generally in custody. This issue can become more complex when a person is not being physically restrained by handcuffs but does not have freedom of action. The Supreme Court has clarified that a traffic stop is not a custodial situation, but other circumstances in which a person is not free to leave may constitute a custodial situation that triggers the requirement for the Miranda warning.

Contact a Denver Criminal Defense Attorney for Assistance 

If you are facing criminal charges and you were not appropriately advised of your rights prior to a custodial interrogation, it is critical to seek advice from a defense attorney about your options. Depending on the specific facts of your case, it may be possible to have the charges dropped or to ensure that certain information being held against you cannot be used to bring charges or in a prosecution. Contact one of the experienced Denver criminal defense attorneys at DeChant Law today for assistance with your case.

Source:

supreme.justia.com/cases/federal/us/384/436/