Every criminal charge is unique, which means that every defense strategy requires customization. People responding to allegations of criminal activity are often unsure about their rights and the best way to respond to their pending charges.
In some cases, people may believe that they experienced a violation of their civil rights while in state custody. It is relatively common for criminal defendants to assert that a Miranda rights violation occurred. At least some of these claims stem from a misunderstanding about Miranda rights and the responsibilities of law enforcement professionals.
If a Miranda violation occurs, the misconduct of police officers can have a profound impact on the defense strategy employed. What types of police officer conduct may lead to allegations of a Miranda rights violation?
Questioning people without warning them
Current best practices for law enforcement professionals require that they provide the Miranda warning to people in state custody before questioning them. Police officers can question people prior to an arrest without advising them of their Miranda rights. They can also arrest people without providing the Miranda warning.
However, once officers have arrested an individual and decided to interrogate them, the person in state custody has a right to hear the Miranda warning. If officers do not inform an individual of their right to remain silent and their right to legal representation before questioning them after an arrest, that can constitute a Miranda violation.
Ignoring people who invoke their rights
Individuals advised of their right to remain silent and their right to an attorney may invoke those rights. A person in police custody might state that they intend to remain silent, for example. They might also inform officers that they want to speak with a lawyer.
In that scenario where an individual has clearly invoked their Miranda rights, police officers should not attempt to pressure them into changing their mind or continue questioning them without an attorney present. The officers should allow the person to use their right without trying to undermine their choice.
Provided that a Miranda violation actually did occur, a defense attorney may be able to challenge the use of certain evidence. They can ask the courts to set aside confessions and contradictory statements made after a Miranda violation occurs.
Those facing criminal charges often need help understanding and making use of their rights, and that’s okay. Identifying warning signs of police officer misconduct can help people develop effective defense strategies for pending criminal charges.
