If you commit a crime – and in spite of what you've seen on goggle box – you tin't avoid justice simply because you are not "read your rights." The law regarding your "Miranda" rights is slightly more complicated than that. If the police fail to read the Miranda rights during or immediately after an arrest, information technology's probable that nada the suspect says to the police can be used against the suspect during a trial. And like everything else in the law, there are exceptions to that rule as well.

While this is a full general introduction to the topic of Miranda rights and criminal law, anyone who is actually charged with a crime in Southern California who and believes that his or her Miranda rights were non explained properly – or were violated – by the police force will need to speak almost the particulars of the case – and what to do side by side – with an experienced Los Angeles criminal defense attorney.

Read Your Rights

In 1966, the United States Supreme Court's historic decision in Miranda 5. Arizona established "Miranda" rights for criminal suspects in all l states. Upon reviewing the evidence in the original case, a bulk of the Supreme Court's justices decided that the constitutional rights of Ernesto Miranda had been violated past the police during his arrest and trial for a number of serious felony charges.

PRECISELY WHAT ARE YOUR MIRANDA RIGHTS?

Since the Miranda ruling, law enforcement officers accept been required to explain a suspect'southward Miranda rights after an arrest only before whatsoever interrogation. A doubtable'due south Miranda rights are the correct to remain silent, the correct to have an attorney present during any interrogation, and the right to have a lawyer appointed if the doubtable cannot afford a lawyer. Additionally, a suspect must be told that "anything y'all say can exist used against you lot in a courtroom of police."

It's genuinely important for everyone to sympathise that your Miranda rights are your rights at all times and in all circumstances, but police officers are simply required to read these rights to y'all during the interval betwixt an arrest and before an interrogation. If you are not under arrest, for example, anything you say to the police force can be used confronting yous, only the police do non have to inform yous of that. All the same, if someone is in police custody, the police must read that person's Miranda rights before asking any questions.

Miranda Rights

In fact, constabulary enforcement officers who are conducting a criminal investigation will oft delay making an actual arrest specifically to avoid having to read a suspect his or her Miranda rights. That way, they may exist able to obtain the incriminating statements they're seeking before making the arrest and becoming obligated to read the rights. If the law want to ask yous questions for whatever reason, many criminal defense lawyers will suggest you to practice your right to remain silent.

WHAT IF You ARE ARRESTED, Just YOUR RIGHTS ARE NOT READ TO You lot?

The law recognizes several exceptions to law enforcement'southward obligation to read a suspect's Miranda rights after an abort but prior to an interrogation. In some cases, if the constabulary are responding to a potential emergency, they don't have to read you your rights. In a 2013 New York murder case, police officers were frantically searching for a victim they believed was dying. When the police force had a suspect in custody – a homo covered in claret – they immediately sought information from him regarding the victim. New York's highest court immune this emergency exception.

The judges in New York determined that the emergency exception is applicative when law officers have a reasonable belief that their firsthand help is needed because of an emergency, when those officers are not exploiting the exception simply every bit a ruse to brand an abort and seize evidence, and when officers have a reasonable belief that the emergency is nearby and that quick action can assistance. The justices specified that wet blood on the defendant's wear and his inability to explain information technology justified the failure to read the doubtable his rights.

WHEN IS THE "BOOKING QUESTION" EXCEPTION ALLOWED?

A second potential exception – recognized by California courts – is called the "booking question" exception. Booking questions are routine questions that a booking officer or jail staff ask suspects who are being booked. These are basic questions such as the suspect'southward proper noun, address, tiptop, weight, and place of piece of work. These questions are asked to identify suspects accurately and to ensure safety and security. Booking questions do not constitute formal interrogation because they are not aimed at eliciting incriminating testify. Thus, booking officers ordinarily exercise not read Miranda rights.

Booking Question

A booking officer might, for example, routinely ask if a suspect has any contagious diseases. In many jails, for health reasons, contagious suspects are separated from the general population. If a suspect replies that he or she has HIV, and if the HIV condition is pertinent to the criminal charge – permit'due south say the suspect is charged with rape – and so the officer may testify regarding what the doubtable said. Provided that the booking officer'southward question was routine and wasn't aimed at generating an incriminating answer, information technology won't matter that the doubtable wasn't "Mirandized."

Equally mentioned previously, if police enforcement officers neglect to read a doubtable's Miranda rights after an arrest but earlier an interrogation, in about cases the prosecutor can't use anything the suspect says against that suspect in a trial. Just different what y'all've probably seen on television, the charge confronting the suspect probably will not exist dismissed. The prosecutor will merely exist required to offer other evidence independent of the suspect's "unMirandized" statements.

A written report published in 2007 in Police and Human Behavior surveyed 631 police force interrogators and detectives about their interrogations. The officers said that about eighty percent of criminal suspects waive their Miranda rights and talk to the police without having an chaser's counsel. That'due south never a good thought, for a number of reasons, but primarily considering your freedom and future might be at pale.

If you face any felony or misdemeanor charge in Southern California, at present or in the time to come, speak with an experienced Los Angeles criminal defense chaser right away, and exercise not try to act equally your own lawyer. Insist upon your right to remain silent and your right to have an attorney present during whatsoever questioning. Don't make any confession, sign whatsoever document, or concord to any plea deal with first seeking an experienced criminal defense force attorney's sound legal advice.

VIDEO TRANSCRIPT:

The showtime thing nosotros need to discuss is, when is the constabulary are required to read to you your Miranda rights. Ii things must exist met. You demand to exist in custody or beingness held against your will by the law. Number two, they need to interrogate you regarding a offense or law-breaking that they believe occurred or are investigating. Now, one time those two requirements are met, if the constabulary practise not read to you lot your Miranda rights, then you can file for a motion to have your statements suppressed, meaning that your statements cannot be used confronting you in your current case.

However, that doesn't ever mean that your case will exist dismissed. Because if the law have other evidence to show that there'due south culpability regarding the criminal offence, and then they can obviously utilise that confronting yous but not your statements. Besides, the police force often try to avoid having to read Miranda rights to you lot by stating that you're free to exit, or they invite you to come to the constabulary station, or they practise a coincidental run into in the street and they start request you questions. Under any of those weather condition, if you believe that y'all're beingness investigated for a crime, you should immediately tell them that you don't wanna talk to them, and that you want an attorney nowadays before any questioning. You can in fact state that to the police even before they have read to you your Miranda rights.