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All too often, those who know very little about their constitutional rights are the first to shout, often within earshot of a judge, “I know my rights!” However, it has been my experience that few people actually know their rights. For example, despite what you may have learned from Law & Order, a police officer is not always required to read you “your rights” when asking you questions. Reading “your rights” refers to a process called “Mirandizing” according to attorneys and members of law enforcement. This process began as a result of a 1966 United States Supreme Court decision in Miranda v. Ariz., 384 U.S. 436 (U.S. 1966). Because of this decision, if you are subject to a custodial interrogation you must be advised that:

1. You have the right to remain silent and anything you say can be used against you.
2. You have a right to an attorney and if you cannot afford an attorney one will be appointed.

A custodial interrogation does not mean you have to be under arrest. Many situations can be seen as a custodial interrogation when you are not under arrest. Conversely, many situations where you may be questioned do not rise to the level of a custodial interrogation and officers are not required to “Mirandize” you.

What happens if you are subject to a custodial interrogation and officers do not “Mirandize” you? Well, of course the case gets dismissed against you, right? WRONG! If it is determined you should have been “Mirandized” and you were not, the court will most likely instruct the prosecution that any statements you gave at the time you should have been “Mirandized” cannot be presented to the jury. So, that piece of evidence is out. If a witness saw you shoot someone and your fingerprints are on the murder weapon, you should not hang your hat on “knowing your rights” if you argument is that police took your statement without reading you your rights. It won’t matter.

Next week: Part 2 of “I Know My Rights!” Ok, So What Are They?”

Abigail Fillman is a 2007 graduate of the Temple University School of Law
and specializes in Criminal Defense, Insurance Defense and Family Law at Weber Kracht and Chellew.

This blog is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.