Are you aware of your Miranda rights? Do you believe a law officer violated them in your recent arrest or a criminal charge? The Scottsdale Miranda violations attorneys at Hallam Law Group are here to help.
Here in the birthplace of Miranda rights and warnings, Arizona, we are passionate about protecting the integrity of this all-important law. We understand how to use the defense of Miranda rights violations to make statements, confessions, or evidence inadmissible in a court of law. Work with us today to learn more about your rights and options.
Upon arrest, contact a criminal defense attorney in Scottsdale as soon as possible. Prior to contacting a lawyer, politely tell the police you will not answer any questions until you have an attorney present. Comply with the officer’s instructions and commands and do not resist arrest in any way. Be as accommodating as you can without giving up any incriminating information. No matter what threats or arguments the officer gives you to encourage you to talk, remain silent until you have an attorney.
The history of Miranda rights dates back to the U.S. Supreme Court case Miranda v. Arizona (1966). The case dealt with the admissibility of statements police obtain from individuals during interrogations – namely, the rights of defendant Ernesto Arturo Miranda. The Supreme Court held that the police had violated Miranda’s Fifth and Sixth Amendment rights during his arrest and trial. The court ruled that police had violated Miranda’s rights by failing to inform him of his right to remain silent, the right against compelled self-incrimination, and the right to counsel.
After the Supreme Court ruling, all police officers in the United States thereafter have had to read suspects under arrest their Miranda rights prior to interrogation. Failure to read these rights means that the officer cannot use any admission of guilt, information, evidence, or confessions from the individual in a court of law. Although an officer does not have to repeat the Miranda rights word for word, he or she does need to state them in a way that “adequately and fully conveys” their meaning.
The main requirements for a Miranda warning is that the officer tells the individual that he or she has the right to remain silent, the right to refuse to answer questions, the right to consult an attorney before talking to police, the right to have counsel present during interrogation, and the right to a court-appointed attorney if he/she cannot afford one. Miranda rights also let the individual know that the police can use anything he/she does choose to say against the individual in a court of law. It is every individual’s right to hear this warning prior to interrogation.
It’s very possible that a police officer forgot, or otherwise failed, to read you your Miranda rights during a recent arrest or police interrogation. Note, however, that if police did not place you under arrest or otherwise deprive you of your freedom in a significant way, the officer might not be under obligation to read you a Miranda warning. It is only a requirement if police place you under arrest. (This does not mean you don’t have the same rights prior to arrest – only that the officer does not legally have to read you these rights.)
After calling Hallam Law Group, our Miranda attorneys will investigate your arrest and find out whether or not the arresting officer is guilty of a Miranda violation. If so, we can use this as a defense to support your release. Contact our Scottsdale lawyers at (602) 237-5373 to learn more about your case. We’re happy to discuss your rights for free.