If you have been taken into custody before police can interrogate you, they must be sure that you are aware of certain rights guaranteed by the constitution. Called a Miranda warning, or your Miranda rights, police are required to give notice to all criminal suspects in their custody of their Fifth Amendment privilege against self-incrimination and their Sixth Amendment right to consult with a miranda rights lawyer in Michigan.
The reading of your Miranda rights is so fundamental that the failure of police to read it can lead to the charges against you being dismissed or reduced.
With a statewide practice dedicated to representing people charged with crimes throughout all of Michigan, our experienced Michigan Miranda rights attorneys are committed to protecting our clients’ rights. At Grabel & Associates we know that the failure of law enforcement to read suspects in custody their Miranda rights is a common error made by police. When police make any mistake or error that threatens your rights, our aggressive Michigan criminal defense attorneys are ready to fight back. We have years of experience successfully ensuring that evidence collected in violation of your Miranda rights is thrown out—leading to charges being dismissed in countless Michigan criminal law cases.
The right to a Miranda warning is based on a 1966 Supreme Court decision,Miranda v Arizona, 384 US 436 (1966). This landmark case underscored the importance that all criminal suspects fully understand and be aware of their constitutional rights, and requires police officers to inform them of these rights. The need for a “Miranda warning” arose out of the concern that police officers were violating suspects’ rights by using unjust and coercive interrogation techniques.
Based on the Miranda decision, when police officers want to question you, they must first read you your rights. This means they must provide a standard warning informing a suspect that you have the right to remain silent, and that anything you say will be used against you in court; you also must be clearly informed that you have the right to consult with a lawyer and to have the lawyer with you during interrogation, and that, if you are indigent, a lawyer will be appointed to represent you.
If you have been taken into custody and police suspect you have committed a crime, including a drug crime, assault, or homicide, if they ask you questions before reading you your rights, in many situations your answers—even if you confess to a crime—may be thrown out and not used against you.
Individuals who are “in custody” are entitled to be read their rights before an interrogation. Although this sounds straightforward, Michigan criminal law continues to evolve concerning what “in custody” means, who must be read their rights, and under what circumstances. Statements taken by the police during a custodial interrogation without a proper reading of an individual's Miranda rights may result in such statement being "suppressed" by a judge. Further, if you tell police you wish to remain silent and want an attorney, but police continue to question you, a knowledgeable Michigan criminal defense lawyer can move to suppress these answers as well. This means that it may be possible to keep statements you make that may be damaging out of court and away from a jury. Many times, this may be the difference between a conviction and a “not guilty” verdict.
An experienced Michigan Miranda rights attorney can determine whether you were entitled to the Miranda warning, and fight to suppress any evidence collected in violation of this rule.
During Traffic Stops And Michigan DUI/OUI Stops Police May Not Have To Read You Your Rights
Not every one stopped by the police is entitled to be given a Miranda warning. Police officers are generally not required to read you your rights during basic traffic stops such as a drunk driving stop. Law enforcement may ask you for basic information such as your driver’s license or proof of insurance. Although it is permissible for police to gather information, if you have been stopped it is important to avoid making statements that may be construed against you.
Understanding the law regarding Miranda rights, and under what circumstances they must be read to an individual is critical to your defense. At Grabel & Associates, our Michigan Miranda rights lawyers have years of experience defending individuals who have been improperly questioned by police. We have a proven track record of fighting police interrogation techniques that violate our clients’ rights and ensuring that information obtained illegally is kept out of the courtroom.
The Michigan Miranda rights attorneys at Grabel & Associates take protecting your rights very seriously. If police fail to read you your rights, our experienced Michigan criminal defense lawyers will fight to ensure any information obtained improperly will not be used against you.
If you believe police officers have violated any of your rights or if you have been taken into police custody and questioned without being provided a Miranda warning, contact the seasoned Michigan criminal defense attorneys at Grabel & Associates. Our knowledgeable Michigan criminal trial attorneys are skilled at identifying police mistakes and improper procedures, and will use these errors as part of an aggressive criminal defense strategy.
Wherever you are in Michigan, call us toll free, 24 hours a day, at 1-800-342-7896 or contact our criminal defense law firm by email to arrange a free consultation.