The need for a “Miranda warning” arose out of the concern that police officers were violating suspects’ rights by using unjust and coercive interrogation techniques. This landmark case underscored the importance that all criminal suspects fully understand and be aware of their constitutional rights, and requires police officers to inform them of these rights. ![]() The right to a Miranda warning is based on a 1966 Supreme Court decision, Miranda v Arizona, 384 US 436 (1966). Police are Required to Read You Your Miranda Rights to Protect You From Unjust Police Interrogation We have years of experience successfully ensuring that evidence collected in violation of your Miranda rights is thrown out-leading to charges being dismissed in countless Michigan criminal law cases. When police make any mistake or error that threatens your rights, our aggressive Michigan criminal defense attorneys are ready to fight back. At Grabel & Associates we know that the failure of law enforcement to read suspects in custody their Miranda rights is a common error made by police. With a statewide practice dedicated to representing people charged with crimes throughout all of Michigan, our experienced Michigan Miranda rights attorneys are committed to protecting our clients’ rights. Michigan Criminal Defense Lawyers Ensuring Police Read You Your Rights The reading of your Miranda rights is so fundamental that the failure of police to read it can lead to the charges against you being dismissed or reduced. Called a Miranda warning, or your Miranda rights, police are required to give notice to all criminal suspects in their custody of their Fifth Amendment privilege against self-incrimination and their Sixth Amendment right to consult with a miranda rights lawyer in Michigan. The police should try to get a "Yes" answer to each question to ensure the person understood and voluntarily waived each of his rights.If you have been taken into custody before police can interrogate you, they must be sure that you are aware of certain rights guaranteed by the constitution. If you cannot afford an attorney, one will be appointed for you free of charge before any questioning if you want. You have the right to the presence of an attorney before and during any questioning. Anything you say may be used against you in court. So, what exactly do the police need to say? Here is a safe way for police to read someone their Miranda rights and get a valid waiver, so that whatever the person says can later be used against him in court:ġ. ![]() The rights need not be read to someone until he or she is going to be interrogated by law enforcement. This is unnecessary unless the person is going to be immediately questioned. In movies and on TV, the Miranda rights are usually read as soon as someone is arrested. This was done to counter police abuse and misconduct, which was often done to get someone to confess. That case basically held that a suspect or criminal defendant must be informed that they have certain rights, and must give up those rights before the police may question them. The Miranda rights are based on a United States Supreme Court case called Miranda v. The suspect must then waive those rights before police may question him or her. When someone is in police custody, and the police want to question that person, the suspect must first be read their Miranda rights.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |