If you have ever watched a crime drama on television, you have heard the phrase, “You have the right to remain silent.” This is a part of your Miranda rights, which are a series of legal protections available to those who are in police custody or being questioned by law enforcement. They apply to all individuals nationwide unless the individual waives them. This includes following your Pennsylvania arrest.
If you wonder what your Miranda rights are and if they were violated, a criminal defense attorney is a great resource. You can discuss them with your lawyer and learn your options if they did not inform you of your rights or violated these or other rights.
What are the Miranda Rights?
Miranda rights, and their unusual name, come from the 1966 decision in Miranda v. Arizona, 384 U.S. 436 of the Supreme Court of the United States. This decision requires that all individuals receive notification of their rights when police officers take them into custody if they are subject to interrogation.
According to the United States Courts, officers typically use the following script to inform you of your rights:
- “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. If you cannot afford an attorney, one will be provided for you.”
- “Do you understand the rights I just read to you? With these rights in mind, do you wish to speak to me?”
Based on these rights, you do not have to speak to the officers without an attorney present. In fact, most attorneys will advise you not to do so. You can call a lawyer and discuss your options with them, including having them present during police questioning. The purpose of Miranda rights is to protect your Fifth Amendment right against self-incrimination and/or your Sixth Amendment right to legal representation.
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Situations Where Miranda Rights Apply
While Miranda rights come from a federal court decision, they apply during any arrest or anytime you are taken into police custody, whether this is by federal, state, or local law enforcement officers.
They must read you your Miranda rights when:
- They Take You into Custody: If the police arrest you or otherwise detain you and prevent you from leaving, they must read you your Miranda rights. This informs you that any statements you make could become evidence against you.
- They Want to Interrogate You: Under some circumstances, the police may want to directly question you before arrest. If this occurs, they should still read you your Miranda rights. Their goal is to get you to admit to a crime, so it is possible you might give a self-incriminating statement during this process. You should have an attorney during police questioning by your side to protect your rights.
Be aware that statements you make when you are not in custody or under direct interrogation may not require officers to read you your Miranda rights. However, anything you voluntarily say to the police could be used against you. It is best to politely decline to make any statements about a possible crime until you have consulted an attorney about your options.
How Pennsylvania Law Applies Miranda Rights
Pennsylvania law recognizes the Miranda versus Arizona decision and consistently applies the resulting case law to ensure individuals receive notification of their rights before being questioned. When the involved officers fail to read a suspect their Miranda warning, the statements made during the interrogation are generally barred from being used in court. This could dramatically affect the outcome of a case.
Pennsylvania also recognizes the same rights outlined in the Miranda warning under state statutes and rules. This includes:
- 42 Pa. Code § 5941: You have the right to remain silent to avoid self-incrimination during custodial interrogation.
- 234 Pa. Code Rule 122: You have a right to legal counsel. If there is a good chance you could go to jail if convicted and cannot afford an attorney, the court will appoint one.
Key Considerations When Waiving Miranda Rights
Under some conditions, you may choose to waive your Miranda rights. In general, this should only be done after you consult an attorney.
To waive your Miranda rights, you must understand the rights and the possible consequences of waiving them. This also must be done voluntarily. The police cannot coerce, threaten, or make promises to you about what will happen if you speak openly and freely to them. This includes making promises that you will not face charges or that you will receive a favorable deal.
What are the Consequences of Violating Miranda Rights?
If a police officer does not inform you of your Miranda rights before questioning you, your lawyer can fight to have any statements you made during the interrogation barred from the case. This is known as the exclusionary rule. It can result in major concerns for the viability of the case for the prosecution. Sometimes, it could result in dropping the charges or an acquittal.
However, it must be proven that a Miranda warning was necessary. If you made voluntary statements without being asked directly by law enforcement officials, the confession or admission of guilt might still be admissible.
Protect Your Legal Rights with a Criminal Defense Attorney Today
A Miranda warning protects your Fifth and Sixth Amendment rights based on the United States Constitution. This includes protection against self-incrimination and the right to have legal counsel represent you. Under both federal law and Pennsylvania law, officers should inform you of your Miranda rights, if you are in custody or subject to interrogation.
If you were arrested or law enforcement officers want to question you about a crime, you want a criminal defense lawyer on your side. Call the Law Offices of M.J. Snyder, LLC, today for a consultation with our team. We can go to work quickly to protect your legal rights and build a strong defense approach.
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