Why Wasn’t I Read my Rights after I was Arrested in Georgia?
A very common question I answer in consultations is why my clients weren’t read their Miranda rights after they were arrested. Everyone is familiar with the language. “You have the right to remain silent. Anything you say, can and will be used against in a court of law. You have the right to an attorney. If you can’t afford an attorney, one will be appointed for you.” Movies and television have made this declaration a part of our society. It is part of almost every arrest in entertainment. So when I’m doing a consultation for a DUI or a domestic violence case and my clients ask me why they weren’t read their rights, I have to explain to them the history of the Miranda vs. Arizona case, and what the ruling in that case actually means when people get arrested.
What is the Miranda Warning
Everyone has the right to remain silent and prevent self-incrimination. That is part of the United States Constitution and has been in existence as part of the Bill of Rights since its creation. The Miranda case that created the Miranda warning was actually a group of cases that was decided in 1966 involving people who were being questioned while in custody. None of them were provided with their rights under the law prior to questioning and all of them made oral statements and three of them signed written statements that were used against them at trial. The question in the Miranda case was whether these statements that were obtained against these defendants can be used against them at trial, and whether there needs to be a system in place so defendant’s understand their 5th amendment right against self-incrimination.
The United States Supreme Court after hearing oral arguments made two important statements. First, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” And second, “A defendant must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”
Together, these two rulings create a rule that states that a prosecutor cannot use statements against a defendant that were made as a result of custodial interrogation unless the defendant was warned of their right to remain silent, that anything they say can be used against him in a court of law, that they have the right to the presence of an attorney, and that if they cannot afford an attorney one will be appointed for them prior to any questioning if they so desire. If you are not advised of your rights under Miranda any statements you make cannot be used against you at trial.
How is the Miranda Warning Applied in Georgia
First, in order for Miranda protection to apply, you must be in custody. Custody does not necessarily mean arrested and in handcuffs, but it is a legal term that is greater than an investigatory detention. Next, once it has been determined that you are in custody, you must be questioned. Only the responses to questions you are asked are applicable under Miranda. Any information or evidence you voluntarily offer law enforcement is not protected under the Miranda rule. Prior to questioning you should be advised of your rights. In most situations, this involves a written waiver, that is read by the defendant and signed acknowledging they understand all their rights and are freely and voluntarily waiving them. Miranda waivers are most often seen in the investigation of serious crimes, murder, sex crimes, crimes of violence and other serious felony charges. It is not often that I see Miranda waiver in smaller cases like Atlanta DUI arrests, simple drug possession, and misdemeanor battery and domestic violence. Then the final requirement of Miranda is that the prosecution must want to introduce these statements as evidence at trial. If they do not intend to introduce these statements as evidence, it does not matter if you were read your rights or not. However, if the custodial statements exist and there is an issue with how they were obtained, an experienced Georgia Miranda rights attorney will make the appropriate legal motions to make sure those statements are excluded from evidence prior to trial.
Remember, the best advice I can give you is to always exercise your right to remain silent and assert your right to an attorney. If you do not provide any information, there is nothing that can be used against you later. It is important to assert you right to remain silent by stating, “I am exercising my right to remain silent under the Constitution of the United States of America and the Constitution of the State of Georgia. I would like to speak to my attorney.” If you have questions about your rights, why you were not read them after arrests, or if you were read them, if you have any defenses to the statements coming in to trial, please give me a call at 678-753-6431 for a free consultation. We will go over the issues of your case and I will answer any questions you have.
