San Antonio Criminal Defense Attorney: Do Police Have to Give You Miranda Warnings?
Updated: Jan 30
If you have every watched and crime or law drama on TV, I am sure you have heard the term “Miranda Rights” or heard an officer say “You have the Right to Remain Silent” The Miranda Rights, also known as the Miranda warning, are a crucial aspect of the American criminal justice system. These rights were established by the United States Supreme Court in the landmark case of Miranda v. Arizona in 1966. The decision in this case determined that an individual who is in police custody must be informed of their rights prior to being questioned by the police.
The Miranda Rights consist of four basic rights that must be read to an individual in police custody: the right to remain silent, the right to an attorney, the right to have an attorney appointed if the individual cannot afford one, and the right to have any statements made used against them in court. It is important to note that these rights only apply when an individual is in police custody and not during a routine traffic stop or another investigatory encounter.
If the police do not read an individual their Miranda Rights, any statement made by that individual while in police custody cannot be used as evidence in court. This is known as the "exclusionary rule," which states that any evidence obtained illegally cannot be used in court. This means that if an individual confesses to a crime without first being read their Miranda Rights, that confession cannot be used as evidence against them in court.
It is important to note that if an individual's Miranda Rights are not read, it is not a "get out of jail free" card. This means that the individual can still be charged and tried for the crime they are suspected of committing, but the prosecution will not be able to use any statements made while in police custody as evidence against them.
In conclusion, the Miranda Rights are an essential aspect of the American criminal justice system, and it is important for individuals to understand their rights when interacting with the police. If the police do not read an individual their Miranda Rights, any statement made while in police custody cannot be used as evidence in court, but it is not a "get out of jail free" card. It is always best to consult with an attorney if you are arrested or in police custody.
If you have been arrested in San Antonio or South Texas, it is important that you seek the legal guidance of a qualified criminal defense attorney. Board Certified Criminal Defense Attorney Brad Thornton has extensive experience in handling a variety of criminal cases and is available for a free consultation at (210) 439-5627. He is dedicated to protecting the rights of his clients and will work tirelessly to ensure the best outcome possible in your case. With the knowledge of state and federal laws and experience in the local court system, Attorney Brad Thornton will provide you with comprehensive legal representation and personalized attention throughout the legal process. Contact him today to schedule your free consultation.