We Fight to Protect Your Rights

For police officers to arrest you and charge you with a crime, they have to comply with certain federal and state rules. When an officer makes a mistake during the arrest process or while gathering evidence, they may undermine the state’s ability to use that evidence later. A defense attorney could prevent the state from introducing any evidence obtained illegally or due to police misconduct. 
Allegations of Miranda violations are among the most common complaints made by those subject to arrest and criminal prosecution who think the state violated their rights. However, many people who believe an officer violated their rights may have an incorrect understanding of their Miranda rights. 
When does a Miranda violation occur?
You should hear the Miranda Warning before questioning
You need to know your rights to assert them when dealing with the police. A police officer should not question you while you are in state custody without first advising you of your right to remain silent and your right to have an attorney represent you. 
Knowing those rights is so important that if officers fail to advise you by reciting the Miranda Warning, they may not be able to use anything you say during their questioning in the court case against you later. The confusion comes from people often believing that an officer must provide the Miranda Warning at the time of someone’s arrest. The Warning is only necessary prior to questioning or interrogation. 
If, after learning about the rules that actually apply to the Miranda Warning, you still believe a violation occurred, that could influence your defense options. Learning more about criminal defense strategies and your civil rights will help fight back against allegations in criminal court.