You’ve probably heard about the Miranda rights. They are the little verbal warnings that are read to a suspect once they are placed in policy custody that remind each suspect of their individual rights. They need to be read to you in order for due process to be followed, but not being read this warning doesn’t give you a get out of jail free pass for your actions. In today’s blog, we take a closer look at when a Miranda Rights violation matters for your criminal case.
Miranda Rights Violations In Minnesota
If you are placed into custody, police will need to read you the Miranda rights if they want to cover their legal basis for continuing to question you about the incident. They’ll read you something similar to the following passage:
“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. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
If the suspect states that they understand their rights and continues talking to police, then law enforcement can keep fishing for information. If the suspect stops talking or asks for their lawyer to be present for any continued questioning, the interrogation must cease. If it continues, or if this warning is not read to the suspect when needed, any admission that follows may be thrown out by the court, as it would be considered illegally collected evidence.
There are a couple key points that the public should understand about their Miranda rights and how it impacts their case. First and foremost, a Miranda rights violation doesn’t guarantee that your case will be thrown out. Perhaps police failed to read you the rights at the proper interval, or maybe they even continued the interrogation in spite of your insistence for a lawyer. These violations may lead to evidence collected from that interrogation being ruled inadmissible by a judge, but that doesn’t mean your case will be thrown out.
For example, if you admitted to a robbery during an invalid interrogation, but police have clear video evidence of the robbery, they found the stolen items in your vehicle and they have your fingerprints on the scene, that illegal interrogation won’t really matter, because the prosecution will have more than enough evidence to earn a conviction without that piece of the puzzle. However, if police have no other substantial evidence other than a coerced and illegal interrogation, it’s certainly possible that you case will be dismissed because of a due process violation.
At the end of the day, we always advise clients to invoke their Miranda rights. Stay silent and ask for your lawyer. After consulting with a lawyer, you and your attorney can figure out the best steps forward from there.
If you need legal assistance because of a criminal matter, or you believe your rights have been violated during the course of an arrest, connect with a legal professional. In the greater Twin Cities area, connect with Avery and the team at Appelman Law Firm today at (952) 224-2277.
