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What is a Miranda Warning?

At the time that you are arrested, you have the right to be read your Miranda Rights. If this right is violated, you have legal recourse.

Throughout the criminal process, defendants have many legal rights that are protected by the U.S. Constitution, statutes, and case law. One right is the right to a Miranda Warning—sometimes referred to as Miranda Rights. At the law office of Ghanayem & Rayasam, our Atlanta, GA criminal defense lawyers are passionate about protecting your legal rights. If your Miranda Rights have been violated, we can help. Call us today to learn more.

What is a Miranda Warning?

If you are familiar with any crime dramas on television, you are probably somewhat familiar with Miranda Rights. These rights are what are read to a defendant at the time of the defendant’s arrest. They include stating that:

  • The defendant has the right to remain silent
  • Anything the defendant says can be used against them in a court of law
  • The defendant has the right to an attorney and a right to have the attorney present while they are being questioned
  • If the defendant cannot afford an attorney, one will be provided by the court

When Do the Police Have to Read a Defendant Their Miranda Rights?

There are two situations in which the police must read a suspect their Miranda Rights. First, if the suspect is being arrested/is in police custody and is not free to leave, and second, if the police are conducting a custodial interrogation. The police do not have to read a suspect their Miranda Rights when the suspect is free to leave (not under arrest) or when the suspect is not being interrogated. If you are not sure whether you are being interrogated, it is always a good idea to tell the police officer that you are exercising your right to remain silent and would like an attorney, and to ask if you are free to leave.

What Happens if Police Wrongfully Fail to Give a Miranda Warning?

The most important thing to know about the failure to give a Miranda Warning when one is required is that if police do not give a Miranda Warning, the exclusionary rule will apply. This means that statements that were made by the defendant will not be admissible at trial because their Miranda Rights were breached.

How an Atlanta, GA Criminal Defense Attorney Can Help

When you are a suspect or a defendant in a criminal trial, it is important that you understand your rights and how a violation of your rights may impact your case. When you choose our Georgia criminal defense lawyers, we will work hard to make sure your rights are protected, and to make sure that any evidence is withheld from court if your rights are violated.

To learn more about the defense attorneys at the law office of Ghanayem & Rayasem, call our office directly or send us a message online requesting more information. We can travel to your location to start working on your case.