People facing criminal allegations have certain protected rights. For example, the right against self-incrimination allows them to remain silent during questioning. They also have the right to legal representation when interacting with police officers.
It is standard practice for officers to advise people of their rights by providing them with the Miranda warning. Typically, anyone subject to questioning while in state custody should receive the Miranda warning first. If officers arrest someone and question them without informing them of their rights, that may constitute a Miranda violation.
What impact can a Miranda violation have on a criminal case?
Defense attorneys can challenge evidence
There are many rules that govern police conduct and the collection of evidence in criminal cases. Police officers typically need to ensure that they follow the law and uphold the rights of individuals. The failure to do so can affect the evidence that the officers obtain.
Questioning people about criminal activity can get them to admit they broke the law or to make statements that connect them to a crime. The state’s case may largely rely on a confession or other statements made after a Miranda violation.
If a defense attorney can show the courts that a Miranda violation occurred, they can invoke the exclusionary rule and ask to set aside confessions and other evidence obtained through inappropriate conduct. In some cases, Miranda violations might result in the state dismissing pending charges. Other times, the elimination of certain evidence can make it easier to fight charges at trial.
Discussing the conduct of police officers with a skilled legal team can help people prepare reasonable criminal defense strategies. Defendants often need help understanding their rights and asserting themselves after police officer misconduct, and that’s okay.