They Didn’t Read Me Miranda!

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

If you have ever turned on TBS in the middle of the day, you have surely heard Detective Olivia Benson spout this phrase while she forces a suspect into handcuffs. While we love Law and Order and it’s progeny, this rushed declaration of Miranda Rights is hardly realistic.

One of the number one questions defense attorneys get asked is “They didn’t read me Miranda, can I get my case dismissed?” The answer, in short, is probably not. So let’s talk about why.

Miranda Rights come from a Supreme Court case called, you guessed it, Miranda v. Arizona. The Supreme Court case actually involves four different cases that had been appealed, for simplicity’s sake, we will focus on the titular case of Miranda. In that case, Miranda was arrested and taken into police custody. While in custody, he was interrogated for two hours, which ended when he signed a written confession to the charges of kidnapping and rape. At the top of the confession was a typed paragraph stating that the “confession was made voluntarily, without threats or promises of immunity and ‘with full knowledge of my legal rights, understanding any statement I make may be used against me.’”

Naturally, the prosecution used this signed confession in the trial against Miranda. During the jury trial, officers admitted that despite the typed paragraph at the top of the confession Miranda was not advised of his right to have an attorney present.

In their decision, the Supreme Court wrote that a typed paragraph at the top of a confession in no way demonstrates that Miranda had full knowledge of his legal rights or that he knowingly and voluntarily waived those rights. The Court went on to say that the prosecution cannot use statements stemming from the custodial interrogation of a defendant unless it demonstrates use of procedural safeguards to ensure the defendant knows his rights.

Ok…great. But what does this mean!

Practically speaking, it means that if you are stopped by the police or arrested, they do not have to automatically yell your Miranda Rights at you while they struggle to put you in handcuffs. Sorry, Liv, you got this one wrong. In reality, you wouldn’t want them to yell your Miranda Rights at you in this manner. You want to be able to process them, you can’t very well do that while someone is jerking you around.

The key term to remember is “custodial interrogation.” Police are people, they are allowed to talk to you. But, if the police have taken you into custody then they must read your Miranda before they question you. This means that police can arrest you without reading you Miranda, but if they want to discuss the case with you after your arrest, they must advise you of your rights.

If you have been arrested, we highly recommend you use your rights, they are there to protect you! Be aware that you are required to answer certain questions, for example, your name, date of birth, address, and other identification information. Besides this information, the only words out of your mouth should be “I want an attorney” and then call us at (501) 515-1692.