Many individuals believe they can avoid criminal penalties if law enforcement
officers fail to read them their Miranda Rights during arrest. However,
in most cases, prosecutors are not permitted to use any information a
suspect claims during a trial. For this reason, it is important to fully
understand the Miranda Rights to safeguard your future, freedom, and rights
if you are arrested.
To help you understand the Miranda Rights, our Reno criminal defense lawyers
have answered some common questions, which can be found below:
What are Miranda Rights?
In 1966, the United State supreme Court concluded the Miranda v. Arizona
case, which stated that a person must be read the Fifth Amendment before
they are taken into custody by the police. This allows individuals to
avoid incriminating themselves.
As a result, a person arrested has a right to practice the following:
- The right to remain silent so that anything the person says cannot be used
against them in court
- The right to retain legal representation
- The right to obtain legal advocacy via the court if the person is not able
to pay for a lawyer
- The right to stop an interview with the police officer at any time
When Must an Officer Read a Person Their Miranda Rights?
Whether an interrogation occurs at the scene of a crime, in jail, or in
a public place, a law enforcement officer must read a suspect their rights
if the officer wishes to question the suspect and use that information
as evidence during a court trial. However, if the suspect is not in police
custody, an officer is not required to read a person their Miranda Rights.
Does an Officer Have to Read a Loiterer Their Miranda Rights?
If an officer suspects that an individual is wandering around an area without
intention or apparent business, the officer may ask the person to identify
himself or herself and demand that person to state their business for
wandering. If the individual does not comply, the police officer may arrest
Does a Police Officer Have to State a Person’s Miranda Rights Before
a Stop and Frisk?
According to the law, an officer is allowed a frisk and search if the officer
believes the suspect may have participated in criminal activity. However,
the law enforcement officer must have reasonable suspicion to do so. If,
during the frisk and search, an officer finds any illegal drugs or illegal
substances on the suspect, the officer may be able to perform a more intensive
search. If the law enforcement officer continues to find illegal substances
on the person, the person may be arrested.
What Will Happen if an Officer Does Not Read a Person Their Miranda Rights?
If a law enforcement officer fails to read a person their Miranda Rights,
nothing the suspect says during the custodial questioning can be used
against them in a court of law. Additionally, any evidence acquired by
an officer as a result of an unlawful investigation is inadmissible at trial.
Have You Been Arrested? Our Reno Criminal Defense Attorneys Can Fight for You!
If you have been accused of a crime and believe the arresting law enforcement
officer violated your Miranda Rights, we encourage you to get in touch with
our team at Joey Gilbert Law right away. We can examine your case and determine
which strategies can best protect your freedom and future. Because we
are backed by years of experience, we possess the necessary knowledge
and skills it takes to fight even the most complex cases.
Call Joey Gilbert Law today and put experienced legal representation on your side of the courtroom
right away. We are ready to defend your rights and future.