If law enforcement officers question you while you’re in custody, they are required to inform you of your “Miranda” rights: the right to remain silent, the right to an attorney and the fact that anything you say can be used against you in court. These protections, established by the U.S. Supreme Court in Miranda v. Arizona, are designed to safeguard your Fifth Amendment right against self-incrimination. Yet, as is the case with every law, simply because it is written down doesn’t mean that this foundational legal principle is never violated.
Sometimes, people are under the impression that their rights have been violated when Miranda standards, in fact, don’t apply to their situation. Police must issue the Miranda warning only when a person is both in custody and subject to interrogation. If you’re not in custody—or if you’re not being interrogated—Miranda warnings are not legally required. That means statements made voluntarily or during casual conversation may still be admissible in court, even without a warning. With that said, violations can – and do – happen.
Addressing the aftermath of a rights violation
If you were in custody and being interrogated but were not read your Miranda rights, any statements you made in response to questioning may be considered inadmissible in court. This is known as the “exclusionary rule,” which prevents unlawfully obtained evidence from being used against a defendant. In many cases, this can be a powerful defense tool. If the prosecution’s case relies heavily on a confession or other incriminating statements obtained without proper Miranda warnings, your attorney may be able to file a motion to suppress that evidence.
In some cases, a rights violation can have broader implications. If the violation is part of a pattern of misconduct or if your constitutional rights were violated in multiple ways, your attorney may be able to challenge the legitimacy of the entire investigation.
However, a Miranda violation does not automatically mean that your case will be dismissed. Prosecutors can still pursue charges based on other legally obtained evidence, such as physical evidence, eyewitness testimony, or statements made voluntarily and not in response to police questioning.
If you believe your Miranda rights were violated, it’s important to speak with a criminal defense attorney as soon as possible. An experienced lawyer can review the circumstances of your arrest, determine whether your rights were violated and fight to have any improperly obtained evidence excluded from your case. Protecting your constitutional rights is the foundation of a strong defense.
