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What happens if the Cops Didn't read me my Miranda Rights?

One of the most common questions we get is: what happens if the police did not read me my Miranda rights?

Whether a violation of your Miranda rights is intentional, you can use the violation in your defense. Here, we identify whether your Miranda rights were violated, and then use that information to build a solid defense. We take your constitutional rights seriously. Contact us at 770.249.4405 to schedule a 100% free consultation and to learn more about how to build a strong defense for your criminal case. Or, fill out our quick, confidential contact form and we'll call you back. 

What Constitutes Miranda Rights in Gainesville, Hall County, Georgia?

U.S. citizens have certain constitutional rights that protect them when interacting with the police and criminal justice system, and this is true wherever you are in the United States. These rights are known as Miranda rights, which were upheld by the U.S. Supreme Court in Miranda v. Arizona. 384 U.S. 436 (1966). Many people probably know about them from popular TV shows or action movies but may not know exactly what these rights mean. 

Anyone who has been taken into custody and interrogated by the police must first be read their Miranda rights. The reading of your Miranda rights is known as a ‘Miranda warning' because the police are “warning” you of your:

  • Right to remain silent, because anything you say can be used against in court
  • Right to a lawyer, even if you cannot afford the services of a private attorney

These rights, born out of the 5th and 6th Amendments of the U.S. Constitution, are in place to ensure equal protection under the law. Violation of Miranda rights may be reason enough to suppress any incriminating evidence against you so long as that evidence was obtained from the violation. Motions to suppress or motions to exclude evidence flowing from a Miranda Rights violation can be a critical part of your defense. In fact, getting charges dismissed can result from the finding that Miranda rights were violated in Georgia. We have an impressive record of doing just that. 

What Crimes in Hall County Require Miranda Warnings?

Miranda warnings are applicable whenever a person is in police custody for any alleged criminal activity or offense. These include crimes like:

  • Sex crimes
  • Drug crimes
  • Violent crimes
  • Theft crimes
  • DUI
  • Domestic violence
  • Property crimes

Are there Exceptions When Miranda Warnings Are Not Required?

There are exceptions to Miranda warnings, and these exceptions apply to when police must give Miranda warnings and when evidence can be excluded for Miranda warning violations. 

Exceptions to When Police Must Give the Miranda Warnings

A few situations exist where the police are not required to read a person the Miranda warnings. These situations include when the officers are: 

  • questioning someone for public safety purposes
  • asking standard booking questions, like your name and address
  • using an informant to talk to a person while incarcerated
  • stopping a vehicle for a traffic violation

Exceptions to When Violations Will Not Result in Exclusion of Evidence

As mentioned, when there's a Miranda warning violation, any evidence obtained from the violation can typically be excluded as evidence. There are, however, a few important exceptions.

  1. Public safety. When the police ask questions for the purpose of public safety and discover any evidence of alleged criminal activity, it can be admitted as evidence against the alleged offender. 
  2. Witnesses. When the police question a suspect, albeit unlawfully, and identify a potential witness, that witness may be allowed to testify at trial.
  3. Tangible evidence. When the police question a suspect, albeit unlawfully, and discover tangible evidence, that evidence can often be admitted to court. 
  4. Inevitable discovery. When the police question a suspect, albeit unlawfully, and tangible evidence is discovered, that evidence may still be admissible if it would have been discovered without questioning the suspect.

Determining if Miranda Rights Were Violated in Georgia

You always have the right against compelled self-incrimination and the right to a criminal lawyer. Miranda requires that people be informed of these rights should they ever be:

  • Taken into police custody, and
  • Subjected to interrogation.

If you were taken into custody and interrogated about criminal activity without being “Mirandized” (read your Miranda rights), any evidence provided during that interrogation may be excluded from court. Knowing what these terms mean can help you understand whether your Miranda rights were violated.

  • Custody means a reasonable person would think they were in custody if they were in the same situation. If you are held against your will, you likely have been taken into custody. For example, being put into the back of a police car typically means you are in the custody of the police. 
  • Subjected to interrogation means the police ask questions specifically intended to elicit incriminating statements. For example, asking why you did it or where you hid a stolen item are questions that are subjecting you to an interrogation.

It is critical to understand that once you have unequivocally invoked your Miranda rights (stating you want a lawyer), no further questioning of you by police is permitted. This is true even if the police subsequently re-read you your Miranda rights and you waive them! See the recent case of Jenkins v. State, 2023 Ga. LEXIS 236, at *13 ("when Jenkins was arrested, [police] advised Jenkins of his Miranda rights and then took Jenkins to the Wayne County Jail. On the way to the jail, Deputy Mullis and another detective questioned Jenkins, including about the other passengers in the van. At the jail, Deputy Mullis took Jenkins to the booking area and participated in helping search him for weapons. As Officer Robinson patted him down for contraband or weapons, Jenkins stated that he “wasn't answering any questions without his lawyer or without a lawyer.” ... Two GBI agents went to the jail the next day to interview Jenkins, and prior to the interview, they advised Jenkins of his Miranda rights. Jenkins then signed a Miranda acknowledgment and waiver form before the agents proceeded with the custodial interview at issue here.")

One word of caution: your words can still haunt you even if you were able to prove your Miranda rights were violated and, as a result, were able to suppress the evidence flowing from that violation. At trial, incriminating statements can be used to impeach you. This means your statements can be used to show you lied or are not fully telling the truth while on the stand.

Can I Talk to the Police?

It is usually not advisable to talk to the police without the presence of an attorney. Some people, however, still want to talk. Miranda rights can be waived. Just remember: if a police officer delivers a Miranda warning, but you continue to talk, that information can be used against you as evidence in court. 

Why Wasn't I Read My Miranda Rights?

You may not have been read Miranda rights if you were not being taken into custody to be interrogated or put under arrest.  

The police can ask questions so long as they are not incriminating. Also, there are exceptions. For example, traffic stops are not custodial. The police can pull you over for a traffic stop, and if that leads to a suspicion of intoxicated driving, the police can ask questions without reading your Miranda rights. 

Your Miranda rights (and a violation of these rights) depend on the exact circumstances of your encounter with the police. This is exactly why it is important to seek the advice of a criminal defense attorney in Georgia.

Contact a Criminal Defense Attorney in Hall County Today

When your Miranda rights are violated, your attorney can use that to file motions to suppress evidence or dismiss the case––it all depends on the facts and circumstances. This can be a critical component of your defense strategy. 

At Brett Willis Law, we know what to look for and will file motions to exclude evidence when it's applicable. Contact us today at 770.249.4405 or fill out our online form to schedule a 100% confidential and free consultation . Get the defense you deserve if you have been charged with a criminal offense. This is your life, let us fight for it.  

This is your life. Let us fight for it.

If you are facing criminal charges, you are in the right place. Give us a call at 770.249.4405, or send us a message.