When the police arrest you, they have to follow specific rules so that they don’t violate your civil rights. Under the Constitution and the Bill of Rights, which contains the first 10 amendments to the Constitution, there are certain crucial limitations on what the police can do.
The courts help clarify and expand those rights by ruling on individual situations. In the 20th century, one of the most important civil rights cases was Miranda v. Arizona. The outcome of this case led to what people now called the Miranda Warning.
Police officers need to tell someone about their right to remain silent and their right to attorney representation. If there were mistakes in the Miranda Warning when police arrested you, will that play a role in your defense?
People misunderstand the Miranda Warning rules
Perhaps because it can be a dramatic part of an arrest scene, many people think that a police officer must advise them of their Miranda rights when putting them in handcuffs or leading them to a police vehicle for transportation to a state facility.
However, an officer does not need to advise you of your Miranda right when they arrest you. You only need to know about those rights prior to questioning or interrogation while you are in police custody. They can question you without arresting you without violating your rights or arrest you without questioning you and still comply with the rules.
Still, they must absolutely advise you of your Miranda Rights before they question you. If you can show that the police questioned you without Mirandizing you first, then that could impact the admissibility of any confessions or statements made while they questioned you.
There are other ways to challenge the case against you
If you misunderstood how the Miranda Warning works, that doesn’t mean your criminal case is hopeless. It just means that you need to look more carefully at the evidence gathered by law enforcement and the case that prosecutors build to decide the best defense strategy.
From challenging the reason for a traffic stop to bringing in your own forensic professionals to analyze evidence, there are numerous viable strategies that can help those facing criminal charges. Learning more about your civil rights can help you plan for your criminal defense in court.