When you’re arrested or become the subject of a criminal investigation, police officers must observe various fundamental rights afforded to you by the U.S. and state constitutions. When the police violate your rights, what options do you have, and what steps should you take?
Understanding Miranda Rights
The Miranda rights stem from the Supreme Court case Miranda v. Arizona, which established fundamental rights that law enforcement officers and prosecutors must communicate to arrested suspects. Before Miranda, the law only prohibited direct forms of compulsion by law enforcement officers. However, Miranda rights give suspects the right to warnings from law enforcement officers following an arrest or before interrogation. Although courts have not endorsed specific language outlining these rights, cases have broadly held that these rights include the following.
The Right to Remain Silent
After an arrest or detention, you have the right to remain silent, which derives from the Fifth Amendment’s privilege against self-incrimination. The right to remain silent means you do not have to answer police officers’ or prosecutors’ questions about criminal offenses. You do not have to give the police information except to identify yourself in limited circumstances (such as during a traffic stop). Police may not use any tactics designed to coerce or intimidate you into answering questions, such as sleep deprivation, withholding food and water, or engaging in physical or psychological torture.
The Right to an Attorney
You have the right to consult with an attorney as soon as practical following an arrest, including before the police interrogate you. Once you affirmatively invoke your right to legal counsel, police should withhold interrogation until you speak with an attorney. The right to legal counsel also includes the right to have an attorney present during questioning if you agree to sit for police interrogation and to have counsel during all critical aspects of a criminal prosecution, including at the arraignment, preliminary hearings, and trial. You can preserve your right to legal representation by informing a police officer or prosecutor as soon as possible after a detention or arrest that you want to talk to an attorney.
What Happens When Police or Prosecutors Violate Your Miranda Rights?
In some cases, police may violate your Miranda rights intentionally or due to oversights. However, violating your Miranda rights can significantly impact a subsequent criminal prosecution. For example, a court may exclude any evidence obtained through a Miranda violation under the exclusionary rule. The exclusionary rule vindicates citizens’ constitutional rights by severely sanctioning the government for violating people’s rights.
However, various exceptions to Miranda rights exist, such as community caretaking and public safety exceptions. These exceptions recognize that police officers may discharge their duties in exigent circumstances that put people’s lives and property at stake. Where officers’ duties focus on protecting lives and property rather than investigating potential crimes, any evidence obtained during such duties may remain admissible in a subsequent criminal trial.
Suppose officers violate your Miranda rights without justification. In that case, potential consequences can include the exclusion of evidence obtained from the violation, which may result in the dismissal of your criminal charges due to lack of evidence. You may also have civil claims against law enforcement for violations of your rights that directly and proximately result in physical and emotional injuries, property damage, or other financial losses.
What to Do If Law Enforcement Violates Your Rights
Steps you should take if you believe police have violated your rights during a criminal investigation include:
- Keeping notes of the suspected violation, including the incident’s date, time, and location and a summary of what the police officers said
- Speaking with a criminal defense attorney about your legal options
- Filing a motion to suppress evidence the police obtained through the violation
- Working with your attorney to build a defense strategy that highlights the police’s misconduct
Contact a Criminal Defense Lawyer
If you were arrested for a crime and police violated your Miranda rights in Panama City, FL, an experienced criminal defense attorney can help you protect your interests and pursue a dismissal of unlawfully obtained evidence or your charges. Contact The Sombathy Law Firm today for a confidential consultation to learn more about your legal options after a Miranda rights violation.
