Making Sure The Miranda Warning Helps When You Need It

Many Massachusetts residents have frequently heard of the Miranda warning but they may not fully know how it actually works. For people suspected of being involved in criminal activities of any sort, from drug crimes to thefts and more, this law can help to prevent inadvertent self-incrimination. It is akin to the Fifth Amendment to the United States Constitution.

However, when not properly utilized, the Miranda warning offers no such protection. Suspects who believe they have invoked the warning but who have actually not could, in fact, end up being hurt by what they believed to be protection. Understanding this law is highly important for anyone who may face potential criminal charges, even for a DUI.

When Does The Miranda Warning Help?

In order to be of use to a suspect, he or she must directly indicate the wish not to participate in any police questioning. This can be done at the outset or even after some questions have been asked and answered.

If no direct request to cease questioning is made, any facial expression, comment or lack of comment can be interpreted and used by the prosecution. This includes complete silence on the part of a suspect and is the law per a ruling on a 2013 case in the U.S. Supreme Court.

What Are The Parameters Of The Miranda Warning?

When a person is stopped or apprehended for any reason by law enforcement officers, the Miranda warning can come into play. There are guidelines for behavior on both the part of suspects and police. These include:

  • Basic identity information is excluded from the Miranda warning, making it a requirement for people to provide name and contact information to officers.
  • Officers can ask no questions beyond biographical ones of a suspect unless they have first read the Miranda warning text in full.
  • A person can be arrested even if the Miranda warning has not been read.
  • A person can be arrested after requesting the right to not answer any questions.
  • Police must hold all questions if a person indicates he or she does not want to answer any at a specific time.

A judge will be facing a decision about testimony received from the alleged Boston bombing suspect and whether or not it can be used in the criminal proceedings. The man was questioned while in the hospital and was not read his Miranda rights according to an article in the Huffington Post.

Get Consultation Immediately

Consulting with an attorney as soon as possible following an arrest is one of the most important things a defendant can do. Talking to a lawyer before answering in-depth questions from police can help with a successful defense.