In the following paragraphs, a Detroit criminal attorney provides valuable information concerning your rights under Miranda laws.
The Prosecution’s Burden
Unless the prosecution has powerful supporting evidence, your Detroit criminal attorney may challenge them if they claim that you willingly gave up your protection under Miranda.
For arresting officers to consciously attempt to gain a confession prior to giving the Miranda warning, issue the warning after you have confessed and then demand that you confess again all in the same period of questioning is not permitted. In this situation, there are actions your Detroit criminal attorney may take in response.
If, on the other hand, the police can demonstrate to your Detroit criminal attorney that their failure to issue the Miranda warning was not deliberate, they may issue the warning later and you may waive your rights under Miranda if you so desire.
To Warn or Not to Warn
In an ordinary booking or border inspection situation, Miranda warnings are not required. If the officer expects or is aware that answering the questions may produce information that could implicate the person being questioned, a skilled Detroit criminal attorney will wish to be certain that the Miranda warning was properly given.
Routine Questioning vs. Non-Routine Questioning
Your Detroit criminal lawyer defines routine booking questions as those designed to elicit ordinary identification information. Questioning that delves into the offense for which the defendant was arrested is not considered routine. Under those circumstances the Miranda warning must be issued during booking.
A Case in Point
In a situation in which arresting officers need to establish that the person they have taken into custody is the same individual identified by a victim, they must issue the Miranda warning. If, for example, the suspect gave an alias after having been identified by the victim under a different name, the police must question further to determine who the accused actually is.
Danger to the Public
Neither the police nor your Detroit criminal lawyer will risk the safety of innocent people. If it is clear that the suspect presents a danger to the public, a Miranda warning is not needed. For example if witnesses observed a suspect disposing of a weapon and the police arrest that same suspect, they may question him concerning why and where he threw the weapon away and may do so without issuing a Miranda warning.
If There Is No Danger
A skilled Detroit criminal lawyer can challenge the public safety exception if the suspect was taken unarmed from his home and placed under arrest prior to any inquiries concerning a weapon as the suspect does not present a danger to the general public. Even if the suspect is the same person who was seen throwing a weapon away, since he was taken from his home unarmed, any threat to the public has since dissipated.
Limits to Miranda Violations
Any evidence uncovered by a defendant’s statements may be introduced in court. Furthermore, statements made by the defendant that were not covered under Miranda are available for use by the prosecution when contesting the defendant’s testimony under cross-examination.
Protect your rights under the Miranda law. Contact Timothy A. Dinan, your Detroit criminal attorney, by calling 313-821-5904 today.