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Criminal Defense Lawyer in the Inland Empire: Understanding Miranda Rights

Imagine a United States of America where the police hold all the power, and citizens have little to none. That world, for some, may not be so unimaginable. If you have found yourself on the other side of police officers in San Bernardino County, you should know that there are laws in this country designed to protect you from Government excess. We also know that there are police officers who disregard those very laws if it means "making their case." These laws meant to protect U.S. citizens include what are known as 'Miranda rights. Sadly, they are often violated at an annoying rate by police officers.

Whether a violation of your Miranda rights is intentional, you can use the breach in your defense. Our criminal defense lawyers in California will identify whether or not your Miranda rights were violated, and then use that information to build a solid defense. At Eric D. Anderson Law, we take your constitutional rights seriously. Contact us at 909.283.5494 to learn more about how to build a strong defense for your criminal case.

What Constitutes Miranda Rights in San Bernardino County?

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 constitutional:

  • 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 California.

What Crimes in California 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
  • White-collar crimes
  • Domestic violence
  • Organized crime
  • Property crimes
  • Hate crimes

Are there Exceptions When Miranda Warnings Are Not Required?

There are exceptions to Miranda warnings, which apply to when police must give Miranda warnings and when evidence can be excluded for such 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 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 California

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 these terms can help you understand whether or not 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. But even experiences where you were never placed in a patrol car or even handcuffs might still be seen as custodial
  • 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. Beware, however. Police are highly trained in asking people questions that may seem innocent but are not as you can see 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?

You can, but you should not. If a police officer gives you the Miranda warning and you keep talking then you have waived those protections. That statement then can, and most likely will,  be used against you as evidence in court. 

Why Wasn't I Read My Miranda Rights?

There could be various reasons. Laziness and incompetence come to mind. So does a blatant disregard for your civil liberties. But there could be other reasons, such as if you were not being taken into custody to be interrogated or put under arrest. Then no warnings are needed.

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 the violation of those rights are very fact specific. Depending on the exact circumstances of your interaction with law enforcement, you could wind up having incriminating words used against you, innocuous words used against you or none of your words used against you. This is exactly why it is important to seek the advice of a qualified criminal defense attorney in California.

Contact Our California Criminal Defense Attorneys 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 Eric D. Anderson Law, we know what to look for and will file motions to exclude evidence when applicable. Contact us today at 909.283.5494 or fill out our online form to schedule a Free Consultation. 

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Areas We Serve

EDA LAW, Ltd. represents clients throughout the Inland Empire including Redlands, Beaumont, Rancho Cucamonga, Riverside, and Yucaipa. Outside of the Inland Empire, we represent California clients based in Long Beach, Los Angeles, Alameda County, Orange County, Sacramento County, San Diego County, San Joaquin County, Santa Clara County, and Shasta County. Nationally, we represent clients based in Florida, Illinois, Massachusetts, and New Jersey.