Although the Miranda Warning is one of the best-known protections extended to those in state custody, it is widely misunderstood and misrepresented. Many people mistakenly assume that they have grounds to challenge their arrest based on their misinterpretation of the rules that applied to the Miranda Warning.
People may get themselves into serious legal trouble because they wrongly believe that the police have violated their rights and their charges will therefore be dropped. If you believe that a police officer may have violated your rights because of a failure to provide the Miranda Warning, it’s important to understand what obligations officers currently have.
The Miranda Warning is not always part of the arrest process
Perhaps the biggest misconception about the Miranda Warning is the mistaken belief that an officer must provide it at the time that they arrest someone. The actual rule about the Miranda Warning is that police officers must provide those under arrest with information about their right to remain silent and their right to an attorney before questioning them. This right is so absolute that officers must ensure the other person understands, even if translation services are necessary.
If police officers never question someone after taking them into state custody, they may never need to provide the Miranda Warning. They can also advise someone of their Miranda rights hours after arresting them, provided that they do so before interrogating or questioning that individual.
Learning more about your rights as someone facing criminal charges in Michigan will help you make better decisions about the right defense strategy for your case.