Have you heard this before? “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Generally, folks feel that a police officer has to provide every individual whom they stop or with whom they speak their Miranda statements. However, that is not precise. The Supreme Court has explained who needs to be informed of these rights and when.
While, Miranda statements are based on the famous Supreme Court case, Miranda v. Arizona, the protections do not have their beginnings in that case. Rather, the rights that we refer to as the Miranda rights are constitutional rights which the court decided needed to be provided to certain individuals in law enforcement custody.
The exact constitutional limitations that are commonly described as the Miranda rights include the right to remain silent, the right against self incrimination and the right to an attorney during questioning and in court. The court also decided that the warnings contain at least the same level of information as it set out in its ruling and that the warnings be meaningful for the suspects.
Many law enforcement add additional warnings to the typical Miranda statements that they think are important for the people in their jurisdictions. For example, some border states require officers to tell detainees that if they are not U.S. citizens that they have the right to contact their country’s consulate.
The Miranda warnings need to be spoken by a police officer to a person who is a criminal suspect and in state custody before they begin to question the suspect about the circumstances surrounding the situation. The person is considered to be in law enforcement custody if a reasonable person would believe that his or her freedom to leave is limited, regardless of whether the police have formerly arrested the person.
To make incriminating evidence admissible at trial, officials need to provide the person with his or her Miranda warnings prior to retrieving the evidence. A suspect who is in police custody must be informed of their rights preceding any police questioning. If the individual is arrested and the police do not intend to question the person then the Miranda warnings do not have to be spoken.
If you have been charged with a violent or marijuana crime in Northern NJ, do not speak to the police. Anything you say can and will be used against you in the court of law. Talk with a local Freehold NJ criminal lawyer.
