The Bill of Rights extends numerous protections to individuals who are subject to government enforcement actions. The right to a trial by jury and protection from double jeopardy both come from the Bill of Rights or court rulings about civil rights.
So does the Miranda warning. A Supreme Court ruling decades ago clarified the need to advise those in state custody of their legal rights. Police officers investigating criminal activity and taking people into state custody generally need to uphold the civil rights of the people that they arrest and question. Failing to do so could potentially have implications during a criminal trial. Miranda violations are somewhat common and can potentially influence the outcome of criminal proceedings.
What is a Miranda violation?
Police officers intending to question someone who is in state custody generally need to advise them of their right to remain silent and to consult with an attorney. Failing to do so before questioning an individual could constitute a violation of their rights. A violation of a defendant’s rights can influence the state’s case.
If there is documentation confirming that a Miranda violation occurred, the courts may have to exclude evidence secured during questioning. Confessions, statements that implicate the defendant and even contradictory details may not be admissible as evidence in court if officers did not properly advise an individual of their Miranda rights before questioning.
Those who want to fight their charges may need to discuss the details of their situations with legal professionals to establish a viable criminal defense strategy. Suppressing evidence is among the various strategies that can help people avoid criminal convictions.
