Miranda Rights, Police Questioning, and Your Domestic Violence Case: What You Must Know

justice miranda rights with sword and scale

There is a lot of confusion surrounding the role of Miranda rights. Miranda rights must be read to any defendants if they are being questioned in a criminal investigation where the information obtained is going to be used as evidence. If you are in the process of defending yourself from a domestic violence charge or dispute, then you must be read your Miranda rights by the officers questioning you.

Miranda rights are legal warnings that let you know what you can and cannot expect in the face of interrogation. These Miranda rights include the right to remain silent and the right to consult with your attorney before you speak with the police.

However, if you are being arrested and make spontaneous statements, those statements can be used in a court of law and are not protected because the Miranda warnings were not given. Miranda warnings only apply to interrogation by police and do not apply to a situation where the defendant simply spontaneously provides information.

If you are dealing with a stressful situation around criminal charges, stay calm and silent. Ask to speak with your attorney and do not proceed until you know more information about the case being brought against you. It is always in your best interest to speak at length with your attorney. We recommend speaking with your attorney first and developing a strategy before you begin speaking whether the criminal charges are accurate or inaccurate.

The Miranda warnings help to protect the United States fifth amendment right, which is the right to remain silent. If you ask the police officer questioning you for an attorney and you are not provided an attorney, then all confessions or other information given at that time are inadmissible in a court of law. Police officers, however, may continue to try to obtain a confession. Do not fall for these persistent tactics and wait for your attorney to arrive. This can be difficult, but you do not want to provide additional information without your attorney present.

The police hope that defendants will reveal information because they are impatient and cannot remain silent; however, it is your right to remain silent and to consult with your attorney first. When your attorney arrives, report any police officers who did not read you your Miranda rights before attempting to interrogate you. This may help your case.

Contact Rancho Cucamonga criminal defense attorneys, Newman and Allen, to learn more about your Miranda rights as well as how to proceed with your domestic violence case. We want to work with you and help you throughout your criminal proceedings (909) 328-6101.

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