Miranda Rights
This is what every suspect should hear before they are taken into the custody of the New York (NY) police:
1. You have the right to remain silent
2. Anything you say can and will be used against you in a court of law
3. You have the right to an attorney
4. If you cannot afford an attorney, one will be provided for you
5. Do you understand your rights?
6. With these rights in mind, do you want to speak with me?
What is a Miranda Warning?
The typical Miranda warnings are as follows: You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed to you at no cost.
Basic “pedigree” information such as your name, address and date of birth may be requested from you by the police without first providing Miranda warnings. However, if you are “in custody” as a matter of law and a police officer’s conduct causes you to admit to various aspects of an offense without first providing the Miranda warnings, these admissions will not be admissible against you in court. Statements or confessions only become admissible when the suspect has knowingly waived their Miranda rights. After being placed under arrest, police officers are required to inform you of what is known as the “Miranda Warnings.” These warnings must be given to suspects in police custody before they are asked questions relating to the suspected offense.
While the Miranda warnings are an essential part of an officer’s arrest process, reciting them, in and of themselves, may not provide sufficient legal protection or instruction to the arrestee. Many people may not understand what they officer is saying, or may require the warnings to be given in their native language. It is therefore the responsibility of the officer to make sure that the suspect understands their rights after they have been given. The officer may have to "translate" the Miranda warnings in order to accommodate the suspect.
The police never gave me my Miranda warnings; what does this mean?
The police are required to give every person their rights before placing them into custody; however that does not always ensure that it will happen. If your rights are not given, you will still be under arrest, and may still be detained. Your New York (NY) criminal defense will use this lack of proper procedure to file a motion against any statements you might have made while in their custody. But if no incriminating statements are made, the fact that the police did not give you your rights may have no affect on the outcome of your case.
So if I don’t receive my Miranda warnings, my charges aren’t dismissed?
Many people believe that if they don’t receive their warnings that they cannot be convicted. This is not always true. The warnings are designed to protect people against interrogations by the police. They ensure that no one will feel too intimidated or pressured into giving evidence without first understanding that they have the right to remain silent or seek a New York City criminal defense.
If I’m not given my Miranda warnings, does it not matter what I say?
Just because you have not been give Miranda warnings, does not mean you should speak freely with the police. Don’t rely on the fact you have not been given your warnings. Sometimes an open confession to a crime or willing speech can still be used as evidence during the trial. For example, the police and prosecution will claim that the evidence would have been discovered without the suspect’s help. If they are successful in their claim, the evidence is unable to be suppressed.
What do my Miranda warnings do for me?
Your Miranda warnings are a reminder that the police are not there to help you. Any of your statements or responses will be used against you in the trial. So it is your best interests to remain silent. They also remind you that you have a right to a New York (NY) criminal defense lawyer. For the best protection against the legal process, contact an experienced New York City criminal defense as soon as possible.
Doesn’t remaining silent make it seem like I’m guilty?
Refusing to answer questions may make the police more suspicious. However, do not underestimate the situation. The police only take suspects into custody when they have a strong suspicion of their guilt, whether they are actually guilty or not. Any statements, even those which attempt to explain your own innocence, may end up being used as incriminating evidence. Remaining silent, and contacting a New York (NY) criminal defense attorney will ensure that you receive the strongest defense against a criminal conviction.
What If I wish to confess to my crime?
It may be your desire to confess to a crime that you have actually committed. However, it is still best to use your Miranda warnings, and let your New York (NY) criminal defense decide how, when and where the crime should be confessed. A small confession can lead to big suspicions in the eyes of the police. Admitting to one crime could lead to many other undeserved charges. Only a New York (NY) criminal defense lawyer can keep your best interests in mind.
If I waive my Miranda rights can I change my mind?
At any time during while in the custody of the police, a suspect may refuse to answer any more questions and request immediate counsel with a New York (NY) criminal defense attorney.
Questioning Before the Arrest
If you are not under arrest, you are not required to receive your Miranda warnings. It is possible for the police to begin questioning a suspect, and not read them their rights until they feel that they are beginning to incriminate themselves. The police cannot use your silence against you. However, should you refuse to answer questions either before arrest, or after you have been read your rights remain polite and do not aggravate them. All of the things you do or say can be used against you during the trial. If the police decide to make an arrest or read you your rights, respectfully request for your New York (NY) criminal defense attorney at that time.
Questioning After the Arrest
During this questioning period, every criminal defense attorney would prefer that their clients exercise their right to silence. It is more difficult to defend a client that has openly confessed or given incriminating evidence than one who has said nothing at all. Under no situation should you waive your Miranda earnings, even if they have not been given by the police.
I was not read my rights, made an incriminating statement, and now I’m on trial; how does this affect the outcome?
There are two rules that determine whether a conviction will be upheld or dropped as a result of not receiving Miranda warnings. The Harmless Error Doctrine says that if someone confessed without receiving their warnings, and that confession is used against them during the trial, the conviction can still be upheld if the rest of the evidence is overwhelming. So in this situation, the fact that the confession should not have been admissible, does not affect the outcome because it did not have a large impact on the jury. On the other hand, the Harmful Error doctrine says that if it can be proven that the suspect did not understand their warnings at the time of the confession and the confession had a large impact on the trial, then the trial proceeding should be reviewed. If there isn’t overwhelming evidence against the defendant, the conviction will most likely be dropped. This would most likely involve going through the criminal appeals process. If you think that your conviction was the result of a harmful error contact our experienced New York City criminal defense lawyers to get a free consultation on your case.