Failure to Provide the Miranda Warning
A person’s so-called Miranda rights, most notably including the right to remain silent and the right to an attorney, are crucial Constitutional rights that affect how a criminal trial is conducted. The police are required to read a person a short summary of these rights—known as a Miranda warning—under the condition that the individual will be interrogated by the police and that the police aren’t invoking a public safety exception after the crime. Failing to do so may result in significant legal penalties for the prosecution due to a violation of the defendant’s rights.
What Happens if the Police Do Not Read the Miranda Warning?
Under the usual circumstances in which the police are obligated to read a defendant his or her rights following an arrest, failure to do so can carry harsh penalties for the prosecution. The following legal issues may arise for the prosecution if the police fail to take appropriate action regarding the Miranda warning:
- Information gathered through an interrogation may not be used as evidence
- Physical evidence found through an interrogation may not be admitted by the prosecution
- Confessions may not be admitted as incriminating evidence by the prosecution
In these situations, the information gathered by the police during a defendant’s interrogation may be effectively lost by the prosecution due to the police’s failure to follow legally-enforced protocol.
If you’ve been charged with a serious crime and are looking for a legal defender to help you fight for your freedom or a reduction of your sentence, we may be able to assist you in your time of need. To discuss your options in further detail with an experienced and qualified attorney, contact the Law Office of Daniel Jensen, P.C. today by calling (408) 296-4100.