What You Really Need to Know About Your Miranda Rights in Colorado
Everyone loves a good true crime story or sensationalized crime special on television. But don't let these myths you see on TV fool you. They may showcase being thrown out left and right over minor issues with a Miranda warning, but the truth is that these situations are rare.
That is not to say your Miranda rights cannot be violated, though. Or that such a violation could not have a significant impact on your case. Criminal defense attorney Mitch Geller could help you defend yourself and hold the police accountable when violating your Miranda rights.
What Is the Miranda Warning?
The Miranda Warning is the warning that law enforcement is required to give to suspects who need to be questioned for their involvement in a crime. When police read you your Miranda Rights, this is known as being "Mirandized." The wording used is precise and states:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The Miranda Warning must be given by police when a suspect is in custody. Cases can become particularly complex because it isn't always clear what being "in custody" is. You don't necessarily have to be told that you are under arrest, nor do you need to be handcuffed. For this reason, you need to get help from an experienced legal defender who can help you understand your rights and whether you are in custody or free to leave police custody of your own free will.
When a suspect is taken into custody, law enforcement can then interrogate them regarding their possible involvement in the crime. But police will also often delay putting a suspect into custody so that they can interview them and obtain as much information as possible without having to give the Miranda warning.
Your Miranda Rights should be read to you while you are being taken into custody or before police begin questioning you. Any information you give to police, such as a confession, would be inadmissible in court as evidence against you unless you were read your Miranda rights and waived them.
When Have Your Miranda Rights Been Violated?
Although TV shows make it seem that the charges against you will get thrown out for a minor issue with your Miranda Rights, this is sensationalized for dramatic purposes. In reality, you don't even need to be Mirandized until you are already a suspect police want to question. This means they likely already have at least some evidence to suspect that you are involved in or guilty of a crime.
When are your rights violated, then? Let’s say police attempt to question you in any kind of detail about your involvement in a crime without having been Mirandized. If you said something incriminating, the state might attempt to use these words as evidence against you at trial.
It should be noted that a violation of your Miranda rights does not mean that your entire case will be thrown out. Instead, any statement you gave without being Mirandized while in police custody will be suppressed. You should only expect your charges to be entirely dismissed if the state has no other evidence that would allow them to prosecute you.
Understanding whether your rights have been violated can be confusing, especially when accused of a serious crime. You can find out whether you have been a victim of a Miranda Rights violation and what your options are if your rights have been violated after your Colorado criminal defense lawyer analyzes the details of your case.
How to Prove Miranda Rights Violations
Going up against the police after your Miranda Rights have been violated can be intimidating. You have a lot to prove to protect your freedom. But with the right attorney by your side, you can present the evidence needed to support your case. Establishing Miranda violations requires an experienced legal defense. We might offer any of the following types of evidence to help your case:
Police records
Witness statements
Video surveillance footage
Photographs
Law enforcement body cam footage
Expert testimony
Other relevant evidence
Contact a Criminal Defense Lawyer in Colorado
The Miranda Warning must be given once you have been taken into custody and questioned for your involvement in a crime.
The facts of your case might get fuzzy if you wait too long to get help. Share the details of your arrest directly with Colorado criminal defense lawyer Mitch Geller. Schedule your free, no-obligation consultation today when you call our office at 720-696-7897. Or, fill out our quick contact form, and we’ll reach out to learn more about your case.