What Are Miranda Rights?
Miranda rights are the warnings police must give before conducting a custodial interrogation. The warnings come from the U.S. Supreme Court’s decision in Miranda v. Arizona and are based on the Fifth Amendment right against self-incrimination and the Sixth Amendment right to counsel. The standard warnings state that you have the right to remain silent, that anything you say can be used against you, that you have the right to an attorney, and that if you cannot afford an attorney one will be provided. Maryland courts apply the same federal standard.
When Do Miranda Rights Apply?
Miranda rights apply only when two conditions exist simultaneously or at the same time. First, the person must be in custody, meaning a reasonable person would not feel free to leave. Second, the police must be conducting an interrogation, meaning they are asking questions designed to elicit an incriminating response. If either condition is missing, the warnings are not required. A routine traffic stop, for example, is generally not custody for Miranda purposes. An arrest followed by questioning at the station is classic custodial interrogation.
What Happens If Police Fail to Give the Warnings?
If police conduct a custodial interrogation without first giving the Miranda warnings, any statements obtained during that interrogation may be suppressed. Suppression means the statements cannot be used as evidence in the prosecution’s case. The physical evidence discovered as a result of the statements is not automatically suppressed. A Miranda violation does not automatically dismiss the case. It can, however, remove key evidence and affect the strength of the State’s case.
How Does a Person Invoke the Right to Remain Silent or the Right to Counsel?
A person can invoke the right to remain silent by clearly stating that he or she wishes to remain silent or does not want to answer questions. Once the right to silence is invoked, questioning must stop. A person can invoke the right to counsel by clearly requesting an attorney. Once the right to counsel is invoked, questioning must stop until an attorney is present, unless the person reinitiates the conversation. Ambiguous statements may not be enough to invoke either right.
What to Do If You Believe Your Miranda Rights Were Violated
If you made statements after an arrest and believe the police did not give the required warnings, contact an experienced criminal defense attorney promptly. Shepard Law represents clients in criminal cases throughout Baltimore County and appears regularly in District Court in Towson, Essex, and Catonsville, and in the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts and determine whether a motion to suppress may be appropriate.
Miranda rights apply only during custodial interrogation. The person must be in custody and the police must be asking questions designed to elicit an incriminating response.
Statements obtained during a custodial interrogation without the warnings may be suppressed and cannot be used in the State’s case-in-chief.
No. A Miranda violation can lead to suppression of statements, but it does not automatically dismiss the charges.
Motions to suppress are heard in District Court in Towson, Essex, or Catonsville, or in the Circuit Court for Baltimore County in Towson, depending on the forum of the case.
