Miranda Warning says:
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."
If the Police fail to give a Miranda Warning then all statements made by the Arrestee will not be admissible as evidence. Also, if Police discover evidence as a result of these statements, then that evidence will not be admissible under the "fruit of the poisonous tree" doctrine.
If an Arrestee makes a spontaneous utterance that resulted from unsolicited questioning by Police then that statement can be admissible as evidence. Also, an Arrestee must make an unequivocal assertion of their right to remain silent or to have an Attorney present as mere silence alone is not enough.
Police Officers can and do trick people into making statements that will ultimately lead to their arrest, by informing them that they are free to leave and are not under arrest, but then continue to elicit information. Please be aware that any statements made at this time can be used against you as mere questioning doesn't trigger a Miranda warning.
If an Arrestee is not given a Miranda warning then any elicited incriminating statements violate the following Constitutional Rights as well:
* The Fifth Amendment affords you the right against self-incrimination, which means you can assert your right to remain silent in the event you may incriminate yourself.
* The Sixth Amendment affords you a right to counsel and to have that counsel present in the event you are arrested and charged with a criminal offense.
I can't stress how important it is to exercise your right to remain silent and have an Attorney present during questioning, it could mean the difference between doing hard time, not being charged at all, or having your charges ultimately dismissed. In the event you choose to waive your rights and speak with the Police you can still change your mind and plead the Fifth or request that an Attorney be present.
Should you find yourself facing criminal charges, contact an experienced and reliable Law Office, Tawanda Williams Law Office, PLLC at 901-206-8200.
Caveat: This Blog is for informational purposes only. Please contact an Attorney for information regarding your personal situation.