Has the Supreme Court limited your Miranda protections?

On Behalf of | Jul 16, 2022 | Criminal Defense |

The courts have to interpret existing laws and apply them to criminal cases, family law matters and civil lawsuits. Sometimes, the courts that initially hear a case make a mistake, at which point either party involved in the matter might appeal the final decision.

Higher courts make important decisions that later serve as legal precedent. Sometimes, the rulings at the state or federal Supreme Court level will change what happens during criminal cases. Recently, the federal Supreme Court ruled on a Miranda warning case.

Did they get rid of the right of a defendant to know about their Miranda rights?

Your Miranda rights remain the same

Despite the alarmist write-ups in many newspapers related to the recent Miranda-related ruling, it does not diminish the existing protections for someone in state custody.

What the Supreme Court determined was that defendants do not have the right to file a civil lawsuit against an officer or a police department solely because of a Miranda violation. Police officers still need to inform people about their right to remain silent and their right to an attorney.

Defendants facing criminal charges will still have the opportunity to challenge the inclusion of certain evidence, such as a confession, if police collected that evidence while questioning them but failed to provide the Miranda Warning. You still have the right to remain silent and the right to an attorney, as well as the right to fight back against evidence gathered while police violated your rights.

Keeping track of the changes to rules about criminal cases will help those facing upcoming criminal charges.




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