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What if an Officer Forgets to Read You Your Miranda Warning?

On Behalf of | | Criminal Defense

Whether you are arrested for a state or federal offense, if the police plan on detaining you for questioning, they must read you your Miranda rights. A police officer who forgets to read you your Miranda rights will be unable to use any testimony that you provide or evidence that comes to light as a result of your statement. Any attempt to use this information is in direct violation of your Constitutional rights.

Keep reading to learn more about your rights after being arrested and why you need a SC criminal defense attorney on your side.

History of Miranda Rights

Suspects arrested prior to 1966 were not read their rights. However, this all changed in Miranda v. Arizona. In Miranda, the defendant (Ernesto Miranda) was interrogated by law enforcement for two hours, at which time he admitted to the charges and signed a written confession. At trial, the defendant was found guilty and sentenced to 20-30 years in prison on each count.

The Supreme Court of Arizona affirmed the lower court’s decision, but the U.S. Supreme Court reversed the trial court’s decision. In The U.S. Supreme Court’s decision, the court ruled that Ernesto Miranda’s testimony and subsequent confession should not have been admitted into evidence since he was not first made aware of his constitutional rights.

What Are Your Miranda Rights?

Miranda rights make every criminal defendant aware of their Fifth and Sixth Amendment rights. Specifically, the Fifth Amendment right safeguards you against self-incrimination (you reserve the right to not testify against yourself), and the Sixth Amendment gives you the right to an attorney. Under the Sixth Amendment, the court will provide you with counsel if you cannot afford it.

Miranda rights read as the following:

  1. You have the right to remain silent
  2. Any testimony or statements you provide can be used to incriminate you
  3. You have the right to an attorney
  4. If you cannot afford an attorney, one will be provided to you at no cost

Importance of Hiring a South Carolina Criminal Defense Attorney

Law enforcement apprehends criminal suspects every day, but that does not give them the right to work outside the law. We rely on police officers to be an example of morality in society, but sometimes officers may forget to read someone their rights, thinking that nobody will take notice.

When you hire our South Carolina criminal defense attorneys, we will investigate not just the crime you are accused of but the circumstances behind your arrest. If there is evidence that you were not read your Miranda rights, we will file a motion to suppress any testimony that you provided.

Physical evidence obtained because of your confession is generally admissible. The complexities of admissible evidence make working with a criminal defense attorney essential to ensuring that your rights remain protected.

Consult with our South Carolina Criminal Defense Attorneys Today

Unfortunately, most criminal defendants are not made aware of their rights. In an effort to save a few dollars, these individuals may be unjustly convicted, never knowing that they could have been set free if they simply hired an attorney.

If you have been arrested and were not read your Miranda rights, our legal team would like to hear from you. To arrange your consultation, contact us online or by phone today.