Serving What if the Police Forgot to Read Me My Miranda Rights?
Though rare, police officers and detectives may forget to read suspects their Miranda Rights during complex arrests. Miranda Rights violations most often occur when officers do not properly issue Miranda Warnings or otherwise fail to recognize when they’ve triggered your constitutional rights.
If you were questioned without being read and waiving your Miranda Warnings, immediately contact an experienced Myrtle Beach criminal defense lawyer Brad C. Richardson online or at (843) 488-4321.
Overview of Miranda Rights and Triggers in Myrtle Beach
Your Miranda Rights – sometimes called Miranda Warnings – are a series of legal rights police interrogators must read to suspects in custody before they’re questioned. They’re called Miranda Rights because the requirement that police inform suspects of these rights arose from a case called Miranda v. Arizona, 384 U.S. 436 (1966). The Supreme Court overturned the conviction against the defendant in this case because the police obtained a confession without informing him of his rights.
Standard Miranda Warning
South Carolina courts require officers to inform custodial suspects of the following before an interrogation, whether it is at the police station or a roadside DUI detainment:
- Right to Remain Silent: Suspects do not have to answer police questions and may refuse to answer any question to prevent self-incrimination.
- Potential Consequences of Speaking: Officers must tell suspects that, if they choose to waive their rights and speak with the police, anything they say can and will be used against them in court.
- Ability to Retain a Private Criminal Defense Lawyer: You must be informed that you have the right to hire a defense attorney of your choice and have that attorney present with you during any questioning.
- Free Public Defender: If you cannot afford an attorney, you must be informed that you have the right to a free public defender.
Suspects in custody must voluntarily and knowingly waive these rights before police officers may speak with them. Many Miranda violations occur when the police read you your rights but do not obtain voluntary consent to continue with their questioning.
Triggering Miranda Rights in Myrtle Beach
Unlike on television, your Miranda Rights are not generally triggered when you’re arrested and placed in a police car. They are only triggered before a custodial interrogation, such as when you’re arrested and brought to the station for questioning. If you’re not free to leave and the police begin asking you questions, they need to read your Miranda Warnings. They are not triggered, however, for general booking questions, during traffic stops, or in rare public safety emergencies.
Excluding Evidence Due to Constitutional Violations
If police officers fail to read you your Miranda Rights (or obtain informed consent), any confession and evidence resulting from your interrogation is excluded from consideration at trial. This is called the ‘exclusionary rule.’ The judge and jury may not consider your answers at trial and may not generally consider any evidence obtained from the interrogation, such as drug evidence seized, if you informed police of its location during unlawful questioning.
Myrtle Beach Constitutional Criminal Defense Attorney
Failing to properly read suspects’ Miranda Rights is a constitutional violation in South Carolina that could result in the dismissal of all charges against you. Experienced constitutional criminal defense lawyer Brad C. Richardson thoroughly reviews each case for potential Miranda violations. If you were unlawfully interrogated while in custody, contact his Myrtle Beach office immediately at (843) 488-4321 or online to discuss getting your charges dismissed.