A Reputation
You Can Trust

When Miranda rights are supposed to be read and the exceptions

On Behalf of | Jul 27, 2021 | Criminal Defense |

It’s not uncommon for police to violate an individual’s Miranda rights in Maryland. However, many people don’t even realize that required procedures weren’t followed. Here’s more information about the requirements of reading an individual their Miranda rights as well as some exceptions.

Before questioning

Once a police officer takes an individual into custody, they should read them their Miranda rights. This needs to occur before any type of interrogation takes places. A police officer has to inform the individual that they have the right to stay silent and that they don’t have to answer questions until their attorney is present to help them with their criminal defense.

Public safety exceptions

There are some public safety exceptions that allow the police to ask an individual questions before they read them their Miranda rights. It is common for the police to question individuals in the middle of a public safety crisis like a bombing or shooting. If the individual answers these questions, their answers can be used against them should they end up being a suspect.

Being detained and questioned before Miranda rights are read

In many instances, an individual’s statements from before they were read their Miranda rights are inadmissible in court. However, it is often difficult for an individual to prove that they weren’t read their Miranda rights before the police interrogated them.

The Fifth Amendment protects individuals from incriminating themselves during a police interrogation. If you were arrested and weren’t read your Miranda rights, this might affect the outcome of your case. A defense attorney may ask you about the events that took place and help you determine how you should proceed.