When Do I Get To Invoke My Miranda Rights?

Many people believe that in order for a police officer to arrest you, they must read you the Miranda rights. In fact, shows like Law & Order epitomize this thought. It makes for great drama when the police go the murder suspect's work-place, place the suspect in handcuffs, and then gives them his or her Miranda warnings in front of everyone. However, in reality, which is way more suspenseful than any T.V. drama, the police do not have to read a suspect Miranda warnings before he or she is placed in jail.

The purpose of Miranda warnings are to protect the innocent public from the coercive and aggressive nature of police interrogation. That is, in the very competitive enterprise of police work, an officer, though intending to good for society, can actually coerce a confession. It is important at this point to remember the point of previous blogs: there is nothing more incriminating, yet unreliable, as a confession in the criminal justice system. If a prosecutor, down the road, is going to offer a confession, then it is imperative that confession be given voluntarily.

Thus, Miranda applies when the police perform a custodial interrogation of the suspect and the state in a proceeding wants to admit that testimonial statement at trial. The Court must be assured that the suspect knew of his or her rights and VOLUNTARILY WAIVED those rights.

Tomorrow, we address what is considered to be non-testimonial statements that can be admitted a trial. If you have been charged with a crime, contact a Plano criminal defense lawyer today.