Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana

23Nov

How Miranda Rights Come Into Play In A Criminal Case

Officer Didn’t Read Miranda Rights!

Miranda rights go into effect only when the arrestee is actually in custody AND is being interrogated by a law enforcement officer.

Additionally, there must be statements made after custody and interrogation that the defense wants to keep out. Failure to read Miranda rights prevents those statements from coming into the trial. If you were just handcuffed and place in the police car with no Miranda Rights read, yet you made no statements, then there are no statements to suppress.

The arrestee must have been arrested or is not free to leave, and he must be questioned or interrogated by an officer. The officer must read the rights prior to questioning an arrestee who is in custody. If the rights were not read to an arrestee in custody, then any statement the arrestee makes to the officer in response cannot be admitted in trial.

Therefore, before the Miranda rights kick in, the arrestee must be in custody and subject to interrogation by the officers. If the individual is being questioned by an officer when the individual is not in custody, the statements made by the individual can be used against him in his trial. For example, a driver is pulled over. The officer questions him about an odor of marijuana coming from his vehicle. If the driver states that he has marijuana in his vehicle, that statement can be used against him at his trial even though his Miranda rights were not read to him.

Another common example is when an individual is arrested and he claims the officer never read him his Miranda rights. However, the arrestee never speaks to the officer nor makes any statements. In that case, there are no statements to try to suppress from a trial. The lack of the officer to read the Miranda rights does not defeat the case. It can only potentially defeat statements made while in custody when the officer is questioning him.

My Miranda Rights Weren’t Read to Me

The moment the Miranda rights starts to become effective is when the accused is in custody and is about to be interrogated by the authorities. For this to work, the accused must have been arrested by the authorities and questioned too.

Before the officer interviews the person, he or she is told the Miranda rights. If you have not read been read the Miranda rights, whatever you say can’t be used in the trial. If you utter any word before you are told your Miranda right, your drug attorney in Baton Rouge can get such words struck out of the trial. When you are read your Miranda rights, you have the rights to remain silent and ask for a criminal attorney in Louisiana to be present.

You can say you murdered someone before you are read your Miranda rights during an interrogation, and it won’t be used against you, but that doesn’t mean you should be stating different things to avoid incriminating yourself. You don’t want to put ideas into the minds of your officers. Keep quiet and ask for a criminal defense attorney immediately.

It is important to note that before the Miranda Rights stand, you must have been arrested, not allowed to leave and in an interrogation with the officer. If you mention anything before you are arrested or under interrogation, the Miranda rights do not stand. Don’t go out saying things that may affect you.

If a person is being investigated by a police officer, whatever the person and the person hasn’t been arrested or put in custody, whatever he said can be used against him when the trial starts. Miranda rights do not work here. This is why you need to be careful what you say without a drug attorney in Baton Rouge present. We had seen cases of when a person said incriminating things during a questioning outside custody, thinking that the Miranda rights would cover them since they weren’t told the rights. At the end of the day, they are shocked that it is not the case. The moment the Miranda rights come into effect is when you have been arrested or put in custody and you are interrogated.

Let’s use an example

Let’s say a driver was stopped by an officer, and he was questioned. The officer wanted to know why there was a smell of Marijuana oozing from his car. If the driver agreed that there was Marijuana in the car, or he used Marijuana in his car, it could be used against him while he goes on trial. It doesn’t matter if the Miranda Rights were read to him or not.

In this case, he wasn’t arrested while questioned, neither was he put in custody.

Let’s use another example

If a person is arrested, without the officer reading him the Miranda rights, yet the accused didn’t speak to the officer for one second, the Miranda rights do not work here because there isn’t any statement that has to be suppressed.

Since the accused refused to speak, there is no evidence that should be suppressed from the trial because he or she was mute.

The fact that the officer didn’t say the Miranda rights doesn’t mean that the accused has won the case. The job of Miranda rights is only to allow you to know that you aren’t under compulsion to talk. If you talk, it would be used in your trial against you. If you do not talk, there is no statement from you to be used against you. This only works when questioning is done after an arrest and not before the arrest. If you utter anything before the arrest, it will be used against you. This is why we advise people to get a criminal defense attorney in Baton Rouge immediately you are spoken to by an officer when a drug charge is concerned. Don’t think that because you are innocent that you can talk your way out of it, without a drug attorney in Baton Rouge nearby.

We have seen innocent people spend time in prison because they uttered words that incriminated them.

The normal duty of the authorities is to find the truth, but this doesn’t occur every time. Sometimes, it may be because there is a large amount of evidence pointing that the accused is guilty, even when in reality, he isn’t. It could because the officer or prosecutor is overzealous, and want a promotion. They do not mind how oxen that would be gored in the process.

To reduce the chance of you being among the statistics of those that were put behind bars by an overzealous prosecutor, you need a criminal attorney in Baton Rouge to advise you of your rights.

The Wrong Notion

Do you know that a lot of people think that once they are arrested, and they do not hear their Miranda rights, they can easily escape being punished? They feel that being read the Miranda rights determine if the trial will work or not. You will be surprised to know that a lot of clients that came to us had such a notion. We don’t know if they got the notion from movies or word of mouth. Luckily for them, they did something right. They contacted a good drug charge attorney in Baton Rouge like us to stand in for them.

The Miranda rights were created to protect people, but it is important to know that there are exceptions to prevent you from saying things that could be used against you.

In some cases, in an interrogation, we had seen where arrestees said some things incriminating even when the Miranda rights weren’t read to them, and at the end of the day, those words were used against them because public safety was involved. Keep quiet and get a criminal attorney in Baton Rouge immediately. It doesn’t matter if you were joking or serious, once your words are misconstrued, it could lead you into a deep pit of mess.

The Barkemeyer Law Firm Can Help

We are a criminal defense lawyers in Louisiana who helps in protecting your criminal record as well to ensure you don’t get to go through all the troubles of finding a job or getting a scholarship. We are here to represent you in court in the most aggressive way possible and work towards giving you the best option you can get for your case.

We are lawyers that care about you as well and ensure you get the help you need if you are battling with addiction. We believe in transparency and work for hand in hand with you; therefore, you are always updated on your case.

We advise you to call us as soon as you’ve been charged as delay could be denial. So, if you are looking for a good criminal defense attorney or DWI lawyer in Louisiana, reach out.

If you have a criminal charge and need a defense attorney in Louisiana, contact us.  We handle drug charges anywhere in Louisiana.

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Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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