Your Miranda Rights: Understanding Your Right To Remain Silent

At Black, Blink, & Associates LLC, our Colorado Springs criminal defense attorneys are passionate about making sure our clients understand their constitutional rights. We want to help you understand the charges you are facing, the Colorado criminal justice system and we will fight to protect your freedom.

Prior to jumping in the article, it is important to know that if the police are questioning a person as a suspect, it is that persons best interest to exercise their Miranda Rights and not answer questions related to a suspected crime. A person should merely provide their basic identification information, I.e., name, date of birth, and social security number. Any questioning beyond that, the person should politely decline, and exercise their 5th amendment – right against self-incrimination (right to remain silent) and their 6th amendment – their right to have an attorney present during the additional questioning. Never try and prevent an officer from searching or making an arrest. Your criminal defense attorney can argue these points later.

The Miranda warning police give should include the following:

• You have the right to remain silent;
• Anything you say can be used as evidence against you in a court of law;
• You have the right to an attorney and have one present during questioning;
• If you cannot afford an attorney, one will be appointed to you free of charge.

One popular myth in society is that if the police fail to read a person the Miranda Rights or Miranda Warning when that person is being arrested, the suspect or defendant can avoid a conviction and punishment and have the criminal case dismissed in court. As a criminal defense attorney can tell you, this is incorrect.

Are Police Required To Provide A Miranda Warning?

One popular myth in society is that if the police fail to read you the Miranda warning or inform you of your Miranda rights, you can avoid a conviction and punishment by having the criminal case dismissed in court. As a criminal defense attorney can tell you, this is incorrect.

Outside of an individual police department’s standard police procedures, the police are not required to read suspects their rights, the Miranda Warning. However, if the police fail to read the Miranda Rights to a person who is in custody, responses to police questioning may be suppressed from trial

What Does It Mean To Be In Custody?

A person is considered “in custody” when they are being deprived of their freedom and are not allowed to leave. A person is in custody if they are:

• In a jail cell or prison cell
• In an interrogation room or interview room with the door closed and not allowed to leave
• Handcuffed in the back of a police car with the doors shut and locked

There also may be other situations when a person is in custody and not free to leave. Any person who believes their Miranda rights should have been provided before they answered questions in an investigation should speak with an experienced criminal defense attorney who can fully evaluate the situation and help you understand the criminal justice process.

When Can Your Statements Be Used Against You?

However, there are many statements people make that can be used against them in court during a trial or a hearing. If a person is in custody and making voluntary statements that are incriminating, those statements are likely to be used against them. If a police officer has arrested a person and is transporting that person to jail, any voluntary statements that a person makes may be used against them. A classic example is when people are under arrest and being transported to jail and they start up a conversation with the arresting officer. Oftentimes, the person arrested begins apologizing for what their alleged crime or justifying why they took certain actions.

Voluntary Statements That Are Repeated During Questioning

In addition, if a person makes a voluntary statement to investigators while not in custody and then repeats that statement as a response to police questioning the statement can be used in court, even if their rights were never read to them while they were in custody. For example, if an officer conducts a traffic stop and asks you how much you have had to drink, anything you say while still in your own car is a voluntary statement. You are not in custody and not under arrest at this point. If the officer later arrests you for a DUI and fails to provide the Miranda warning, your response while in custody could be suppressed. However, the prior statement that was made while you were seated in your own car can still be used against you in court.

Voluntarily Answering Questions During An Investigation

A popular tactic used by police is to interview suspects during an investigation. Oftentimes, investigators will call a suspect, explain they are merely doing an investigation and ask the suspect to come down to the station to tell their side of the story. Once the suspect arrives, the police officer will take that person into an interrogation or interview room. The officer will leave the door open and explain to the suspect that they are not under arrest and that they can leave anytime they want. Because the suspect voluntarily drove to the police station, is not locked up and is not under arrest, that suspect is not in custody. Therefore, any statements they make are most likely deemed voluntary and do not require a Miranda warning.

Once the investigating officer has obtained the statements voluntarily, the officer may then read the person their Miranda rights. They might even ask them the same questions over again in an attempt to elicit the same statements. Now, the officer has both voluntary statements and statements obtained after the Miranda rights have been read. This gives prosecutors a strong likelihood that the statements will not be suppressed by a defense attorney.

Consult A Colorado Springs Miranda Rights Defense Attorney

Do you think that your Miranda rights may have been violated in an arrest? Our criminal defense attorneys can evaluate the facts and circumstances of your case and assess the evidence that was collected against you.

To schedule an initial consultation and case evaluation, contact our office by sending us a message. You can also call us at 719-694-0578.