What Do I Need to Know About Miranda Rights?
Often, we get calls to our office asking about Miranda Rights. It’s a great question and there are some really important things you need to know. This law is the result of a U.S. Supreme Court case, so it doesn’t matter if you are in Grand, Boulder or Larimer County; the law is the same across the board. The Fort Collins police must read your Miranda Rights to you if:
- You are in custody, and
- The police are interrogating you.
If the police have arrested you and are questioning you and they did not read you your Miranda Rights, anything you say is not admissible as evidence against you. However, these statements can still be of benefit to the government.
What Does It Mean to Be “In Custody?”
It may seem like a silly question, but this definition is vital to understanding your Miranda Rights. So what is the definition? If you are in custody, it means:
- you are not free to leave and
- it is not a temporary restraint.
Many times, courts will allow the police to hold people for officer safety without involving Miranda Rights. As a criminal defense attorney, I would argue that detaining my client would invoke the need for the Loveland police to read their Miranda Rights. Whether we are fighting an Assault charge or a Sexual Assault, I would focus the court’s attention on the case law, which would support you and your facts, and I would discuss application of Miranda.
The “Interrogation” Condition
[pullquote align=”center” textalign=”center” width=”100%”]The statements you volunteer are the most damaging.[/pullquote]The second requirement of Miranda Rights is interrogation. This usually means the police are questioning you and you are answering those questions. If you voluntarily speak to the Estes Park Police and just give them information, this can be held against you – even if you are in custody. This is why we always advise our clients not to speak to the police. The statements you volunteer are the most damaging.
Can I Get My Case Dismissed?
Unfortunately, just because the police don’t read you your Miranda Rights, it does not mean your case will be dismissed. The best outcome for a Miranda violation is that the District Attorney will not be allowed to submit what you said as evidence in your trial. Sometimes, this is a major development for your case. Often, however, the police will have the same evidence from another source, so not having your statements doesn’t really hurt the prosecutor’s case.