Legal Ease by Shane Givens
March 7, 2011

What are my Miranda rights?

Share |

Here's a question that comes up often: “I was recently charged with a crime but wasn't read my Miranda rights. Doesn't this mean that the charges should be dropped?”

Due to decades of legal TV shows and movies, most people believe that if they are arrested and not read their Miranda rights, the court should dismiss their charges. The familiar refrain ("You have the right to remain silent ...) was established by the United States Supreme Court case Miranda v. Arizona. The Miranda case held that a warning — stating that the suspect has the right to remain silent and has the right to an attorney — must be given to criminal suspects in police custody before they are interrogated.

Despite popular belief, the Miranda warning is not a condition of arrest, but rather a safeguard against self-incrimination. As a result, if law enforcement officers do not offer a Miranda warning to an individual in their custody they may still interrogate that person and act upon the knowledge gained. However, they may not use that person's statements to incriminate him during a trial.

Further, Miranda rights apply only when a person is arrested, not when he is merely detained. In Alabama, there is a key difference between the two. If a person is being detained and has not been technically arrested, the detainee's statements may be admissible at trial even though he was not advised of his rights. Similarly, statements made while an arrest is in progress, before the Miranda warning was given or completed, are also generally admissible.

The Miranda rule applies only to the use of a suspect's statements in criminal trials made as a result of a custodial police interrogation. Miranda only works to keep a suspect's statements out of court and is not a requirement at any point in the criminal process. Failure of a law enforcement officer to inform a suspect of his Miranda rights does not result in dismissal of a criminal charge.

Surprisingly, even when a suspect is informed of his Miranda rights, he often insists on speaking to law enforcement without a lawyer. In fact, many officers gain statements, if not full confessions, without having to ask a single question.

For example, law enforcement officers are allowed to speak at length about evidence collected, witness statements, etc. The officer might then ask if the suspect wishes to talk. Many times the suspect will begin talking at length in an attempt to refute the “evidence” presented.

Another tactic commonly used by law enforcement is to do nothing at all; the officer may simply sit the suspect down in an interrogation room, do some paperwork, and wait for the suspect to begin talking. Many times, the suspect does. Anyone in this situation should always consider talking to an attorney before giving any statement to anyone, pre- or post-Miranda.

This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. 

Please e-mail questions for future columns to givenslaw@tds.net.