That is a common misconception that people have. They think that if they’re not Mirandized that their case will go away. That’s not true. Basically, the first time people are usually Mirandized is when they go before the magistrate and they’re advised of their rights. In a situation where there is a custodial interrogation, that’s where Miranda protection comes in. In other words, you’ve been arrested, you’ve been handcuffed, you’ve been put in the back of the squad car, and the officer starts asking you questions. If you answer those questions without being Mirandized and having your rights read to you, then any information that the detective or officer obtains through that interrogation would be inadmissible. If you are properly Mirandized, anything you say can and will be used against you.
Schedule your criminal defense case consultation with Gary Churak today.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.