When Should I Be Read the Miranda Rights?
Lisa Pelosi: I think people just have knowledge of the criminal process by what they see on TV shows. These shows usually take place in an hour so people don’t genuinely understand the system. Sometimes people think if they aren’t read their Miranda Warnings that the whole case is going to get dismissed.
How Serious Is a Possible Conviction?
Also they don’t understand really what a trial is. They don’t understand the sentencing and so you have to really explain the whole process to them for them to really understand what the accusation against them means. I find it is very important to explain how, if it’s not handled properly, a conviction will entail serious consequences for them.
Miranda Rights and an Arrest
Interviewer: How often is Miranda read to people that are arrested? Why does that become a factor in the case?
Voluntary Statements: Miranda Rights Protect Statements Made to Law Enforcement
Lisa Pelosi: The Miranda warnings were made as a protection to people who are arrested to ensure that the statement they were about to make was in knowing a voluntary statement. Most times, the police officers do read the statement to people who are arrested.
Oftentimes, however, it’s done in a very quick way. It’s often done at the time when people are very tired. They’re often tricked into thinking it would be a good thing if they sign what’s called the Miranda card or the warnings.
The Consequence of an Involuntary Statement Is Its Suppression, Which Does Not Always Mean the Charge against a Person Is Dismissed
What happens should there be a breakdown in the proper implementation of the Miranda warnings or if court finds that the statement was involuntarily given? The consequence to that is that the statement is removed from the prosecutor’s file and they can’t use that statement against the client should the case go to trial or should they have probable cause to arrest the individual.
The only thing that gets tossed is the statement. What is tossed is not the case, but the statement. If Miranda couldn’t properly be administered, the case will still go forth. I think people oftentimes don’t understand that concept.
