Following the landmark decision by the Supreme Court of the United States in Miranda v. Arizona, 384 U.S. 436, 472 (1966), “an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today.” What are my Miranda Rights? In more straightforward terms, an individual who is being questioned or interrogated by police must be advised that they have four rights: you have the right to remain silent, anything you say can be used against you in a court of law, you have the right to counsel, and if you cannot afford counsel you have the right to have one appointed for you.
While it is preferred and better practice, Miranda Rights do not necessarily need to be given at the beginning of a police interrogation. Harkins v. State, 415 N.E.2d 139, 141 (Ind. Ct. App. 1981). That is, even if a Miranda warning is given half way through an interrogation, the State may be able to admit the entire statement.
Many people who know about Miranda rights often ask the question, what if police did not read me my rights? Each case is different and relies on different facts and evidence. However, the fact that an officer or officers did not read an individual their rights does not necessarily mean that the State cannot prosecute a crime. Rather, in most cases, it means that the State cannot or may not be able to use a certain statement or statements made by a defendant. That evidence may or may not impact a case or charge.
Looking for a Hendricks County criminal defense lawyer that understands your criminal and constitutional rights? Contact the attorneys at Keffer Barnhart LLP today if you have questions or believe your rights have been violated. We stand ready to provide our clients with trusted representation and accurate information regarding the law and its application to their individualized case. Act now and contact us today at 1-800-NOT-GUILTY or (317) 857-0160.