While almost everyone eho's watched a police show know "the rights" police should read when you're arrested, few know how they actually work. In this brief video, South Carolina criminal defense attroney Rob Usry peels back the veil on how the Miranda rights work, and how to make them work for you.
Hey folks, people ask us all the time “Can I get off because the police didn't read me my rights?” Anyone who's ever watched a TV police show knows what those rights are, they start off with the infamous “you have the right to remain silent” and the rights actually have a name they're called the Miranda rights after the United States Supreme Court case requiring them.
Here's how the Miranda rights work. First they're not required every time the police question you. The police only have to use the Miranda rights if you are in custody and interrogated. Those are legal terms to make a determination whether you are in custody a judge makes the determination based on many factors. You can actually be in custody and not even know it. That’s a scary thing. You can also not be in custody when you think you are, like a traffic stop, believe it or not you are not in custody. Interrogated means any words or conduct designed by the police to get you to admit guilt.
So let's talk about the impact of the police not reading your rights when you are in custody and interrogated. It means any statement you make in response to that questioning can be thrown out of evidence. This can have a serious impact on some cases it can get them dismissed or even get you a deal that you can live with. But you're gonna need an experienced criminal defense attorney to make Miranda work for you, because the prosecutor is going to work hard to make sure it doesn't.
If you're worried about your rights being violated by the police or any criminal investigation or charges that have been made against you, call us for a free strategy session to protect your rights. Thank you for thinking about this with me and I hope I see you soon.