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Invoking Your Miranda Rights After an Arrest

 Posted on December 16,2023 in Criminal Defense

Blog ImageMiranda rights should be read to you after an arrest and if the police plan on questioning you. If you are in custody, then the police are required to read you your rights.

If you have been arrested, having the counsel of a Stamford criminal defense lawyer is key to protecting your legal rights. Keep reading to find out more about your rights following an arrest and when the Miranda Warning is required.

Miranda v. Arizona

In Miranda v. Arizona, the defendant was arrested at his home and taken to the police station, where he was questioned for two hours before he signed a written confession. At trial, both an oral and written confession were admitted into evidence, and the jury found the defendant guilty. 

The defendant appealed, and the U.S. Supreme Court reversed the judgment of the lower court. The Supreme Court ruled that any statements or admissions that a defendant makes during a police interrogation could only be used as evidence if the defendant was first apprised of certain rights. 

Due to this landmark case, these rights are now referred to as Miranda rights. When you are read your Miranda rights, this is known as being ‘Mirandized.’

What is Custodial Interrogation?

A police officer is required to read your Miranda rights if you are being detained and questioned by law enforcement, known as custodial interrogation. If you are detained, this means that you are not free to go. 

However, if you are being questioned at the police station but are free to leave, then you are not under custodial interrogation. In this situation, the police are not legally required to read your Miranda rights.

Police questioning does not have to happen at the station to qualify as custodial interrogation. A traffic stop can qualify as custodial interrogation, even if the police officer has not arrested you. 

What is the Miranda Warning?

The Miranda warning must inform you of the following rights:

  • To remain silent and not answer police questions
  • To have a defense attorney or have one appointed if you cannot afford to hire one

How Do You Invoke Your Miranda Rights?

You must verbally confirm that you understand and invoke your right to remain silent, stating, “I wish to remain silent” or “I invoke my right to remain silent.” Besides that, you should keep silent until your attorney arrives.

How Can a Criminal Defense Lawyer Help Me?

A Fairfield County criminal defense lawyer understands the legal process and has the experience necessary to know what steps need to be taken if the police violate your rights. If you were not Mirandized, then your case could potentially be dismissed.

Not reading your Miranda rights is just one way that law enforcement can violate your rights. If you feel that you were a victim of a police officer’s unlawful practices, you should speak with a criminal defense lawyer as soon as possible.

Contact a Stamford, CT, Criminal Defense Lawyer Today

Being read your Miranda rights is a legal procedure that the police must abide by. If you feel that law enforcement did not follow proper procedure, our Fairfield County, CT, criminal defense lawyer wants to hear from you. Contact Law Offices of Daniel P. Weiner online or by calling 203-348-5846 to schedule your free consultation. 

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