Miranda Rights Defense
Protecting your Fifth and Sixth Amendment rights when police violate Miranda warnings. We fight to suppress evidence obtained through Miranda violations and build strong defenses for your case.
Your Miranda Rights Matter
Imagine a United States of America where police hold all the power, and citizens have no power. That world, for some, may not be so unimaginable. If you have found yourself on the other side of police officers in North Georgia, you know you can appreciate that there are laws in this country meant to protect you.
We also know, however, that those laws are often violated. Some of these laws meant to protect U.S. citizens are known as Miranda rights, and they are also violated at an unfortunate rate by police officers.
Whether a violation of your Miranda rights is intentional, you can use the violation in your defense. Our criminal defense lawyer in Georgia will identify whether your Miranda rights were violated, and then use that information to build a solid defense. At Johnson Law Firm, we take your constitutional rights seriously. Contact us at (706) 230-5944 to schedule a consultation and to learn more about how to build a strong defense for your criminal case.
What Constitutes Miranda Rights in Georgia?
Understanding your constitutional protections during police interactions
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 you 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 Georgia.
What Crimes in Georgia Require Miranda Warnings?
Miranda warnings are applicable whenever a person is in police custody for any alleged criminal activity or offense.
Violent Crimes
Property Crimes
Drug & Sex Crimes
Are there Exceptions When Miranda Warnings Are Not Required?
Understanding the exceptions to Miranda requirements and evidence exclusion
Exceptions to When Police Must Give 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:
Exceptions to Evidence Exclusion
When there's a Miranda warning violation, any evidence obtained from the violation can typically be excluded as evidence. However, there are important exceptions:
Determining if Miranda Rights Were Violated in Georgia
Understanding the key factors that determine Miranda violations
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
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.
Subjected to Interrogation
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.
Important: 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.
Can I Talk to the Police?
It is usually not advisable to talk to the police without the presence of an attorney. Some people, however, still want to talk. Miranda rights can be waived. Just remember: if a police officer delivers a Miranda warning, but you continue to talk, that information can be used against you as evidence in court.
Why Wasn't I Read My Miranda Rights?
You may not have been read Miranda rights if you were not being taken into custody to be interrogated or put under arrest. 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.
What About Impeachment Evidence?
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.
Ready to Fight for Your Miranda Rights?
Don't let Miranda rights violations compromise your case. Our experienced team is here to provide the aggressive, effective representation you need to protect your constitutional rights and fight for justice.