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How Will I Know My Miranda Rights Were Violated?


Most people have heard about or have some idea of their Miranda rights. But most do not know that the police are legally required to read them their Miranda rights in specific situations and that there are exceptions to that legal requirement. Essentially, Miranda rights protect you from providing information that can incriminate you and be used against you in a court of law.

If an alleged offender confesses to something but the police officer failed to read them their Miranda rights, the police officer has violated their constitutional rights. This means that their confession can’t be utilized as evidence against them.

When Must the Police Read Your Miranda Rights?

Law enforcement officers must read your Miranda right before interrogating you if you are in their custody. They do not have to read them when they cuff you as long as they read them before asking you questions about the offense you allegedly did while in custody. This means that the police are also not required to read the Miranda rights if they talk to you, if you are not in their custody.

But what you need to remember is that you must not answer any questions that involve an alleged crime without your San Antonio criminal defense attorney if you think that you might be a suspect. It’s also crucial to note that you may be legally obligated to answer questions by the police in certain situations. For example, you are required to give your name, age, and address if a police officer is questioning you.

What Happens If My Miranda Rights Have Been Violated?

Your San Antonio criminal defense attorney may move to suppress the statements you gave to the police. They may likewise suppress evidence the police found due to your statements. To illustrate, let’s say the police didn’t read an alleged car thief’s Miranda right, and the suspect told them where the car could be found. The police found the car and other evidence of the theft. An attorney can have the suspect’s statements, the car, and other evidence suppressed.

But it’s crucial to note that even if the evidence acquired in violation of your Miranda rights may be suppressed, it is still best to keep quiet until you talk to your attorney. If you made your statements voluntarily, the prosecution would likely use them to attack your character and integrity. For instance, if you admitted something to the police and then later retracted it during the trial, the prosecution can use your statements to demonstrate that you are a liar and unreliable.

Get Legal Guidance From a Seasoned San Antonio Criminal Defense Attorney Today

Unfortunately, the police don’t always obey the laws they are supposed to uphold. They may unintentionally or deliberately violate an alleged offender’s Miranda rights. If you suspect that your Miranda rights were violated and the police have information that they can use against you, discuss your case with the San Antonio criminal defense attorneys at Hoelscher Gebbia Cepeda PLLC. Call our office at 210-222-9132 or reach us online to schedule your appointment with our San Antonio criminal defense attorney today.