Miranda Rights in Today's Society

Every day in this country many people are arrested and subjected to
interrogation by the police.  Unfortunately, most citizens do not understand
the rules that relate to the requirement that the police "read rights" to the
criminal suspect in a case.  The laws related to Miranda rights are not as
straight forward as most folks think.

Indeed, the subject of Miranda rights is a common topic of discussion
throughout the legal community and society in general.  Miranda Rights are
perhaps the most well known of all constitutional rights.  The Miranda Rule
is promulgated as follows:  Suspects must be informed of their Fifth
Amendment rights once they are in custody and subject to interrogation.
Any statement made by a suspect in custody before he or she is apprised
of these rights will be inadmissible. Suspects must be informed of the
following:

You have the right to remain silent.
Anything you say can and will be used against you in court.
You have the right to consult with an attorney and have an attorney present
during questioning.
If you cannot afford an attorney, one can be provided to you before
questioning at no cost.

These rights must be presented to the suspect due to the fact that the U.S.
Supreme Court has held that being interrogated while in custody is an
inherently coercive situation in accordance with the well established rule
set forth in the seminal case of Miranda v. Arizona, 384 U.S. 436 (1966).  
Furthermore, a suspect is entitled to the Miranda rights regardless of the
nature or severity of the offense as set down in the Supreme Court case of
 Berkemer v. McCarty, 468 U.S. 420  in 1984.

There is no requirement that an officer use the precise language of the
Miranda decision. A warning is sufficient as long as it reasonably conveys
the above rights to the suspect, regardless of whether or not the officer
quotes the Miranda decision verbatim.

A suspect is only accorded the Miranda protections during a custodial
interrogation. Both elements (i.e., custody and interrogation) must be
present before the requirement that the warnings be given arises.  The
failure of a Police Officer to issue the required warnings may render the
statements obtained inadmissible, there is no requirement that a case be
dismissed completely even if a Judge finds a person's rights were violated.

One frequently encountered situation related to Miranda is a police
encounter surrounding a
DUI Arrest.  In these situations it is not legally
required to read rights to a suspect in most cases, as discussed
previously the law only compels the advisal when the 2 prongs exist,
custody and interrogation.

It goes without saying that this area of the Law is extremely complex, a
Lawyer should be consulted to determine if a violation has occurred.  In
many cases individuals that have been arrested ask why their "rights"
were not read to them by the police officer, these questions are best
suited for a
long beach criminal defense attorney and one should be
consulted regarding a person's specific case.


San Pedro Criminal Defense Lawyers
Redondo Beach Criminal Lawyer
Criminal Defense Lawyer in Long Beach California
Exclusively Criminal Law
444 West Ocean Avenue
Long Beach CA 90802