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When you are arrested, you are supposed to receive a Miranda warning. This was established in 1966 in the case Miranda v. Arizona.

The words are familiar to anyone who has watched any cop dramas at all. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be appointed for you.”

These are really just paraphrases of your Fifth Amendment right to avoid self-incrimination and your Sixth Amendment right to counsel. We encourage you to assert these rights yourself from the moment you begin interacting with the police by saying, “I am invoking my right to remain silent and will not answer any questions without an attorney present. I am invoking my right to an attorney.” 

Recent news stories have a lot of people confused about the state of Miranda rights in America. In Vega v. Tekoh they ruled, on June 23 of 2022, that suspects who do not receive their Miranda warning may not sue a police officer for damages even if the evidence they gave away while speaking was ultimately used against them in a criminal trial.

Your Fifth and Sixth Amendment rights have not gone away, and neither have your rights to a Miranda warning. Nevertheless this ruling gives you fewer protections and removes more incentive from police who were often lax about administering the warning in the first place. In short, it has become more difficult to enforce Miranda warning requirements. 

That doesn’t mean that your defense lawyer is helpless to do anything at all when police fail to respect your Miranda rights. We can, for example, make a Motion to Suppress any evidence obtained as a result of failing to appraise a suspect of their rights. It is well established that statements made after arrest may be made inadmissible at trial when no Miranda warning is issued.

However, it is getting more and more vital for you yourself to know your rights and to exercise them proactively any time you are in an encounter with the police.

Get Help Today

If you or a loved one is in trouble with the law, don’t wait and don’t hesitate. Reach out to our law office to get the help you need today. 

See also:

What Brooklyn Residents Need to Know About False Arrests

What Happens When Charges Get Dropped in Brooklyn?

Why Do Brooklyn Lawyers Accept Guilty Clients?