Miranda Warnings are one of the most famous rights in the United States. It provides that the police must read you your rights if there is custodial interrogation. When doing an analysis on a Miranda Warning issue, you need to first determine if the defendant was in custody. This seems like a simple question, but in fact this issue can be contested. A person is in custody if they are not free to leave. You do not have to be in jail. You can be outside of a police car. As long as you are not free to leave, you are in custody. Second, there has to be questioning by the police officer. Specifically, information offered by the Defendant without a question is not questioning.
At this point, if you have custodial interrogation, the police must read you your Miranda Warnings. If they fail to read you Miranda Warnings, then the statements you make cannot be introduced in to evidence against you. This may or may not have an impact on the case. The improper statements maybe a required element of the crime. If so, the case will be dismissed if the statements are not admitted. The statements may only be a minor part of the case. If that is the situation, then the case will move forward without the statements.
When you need a Grand Rapids Criminal Defense Attorney, remember to call Krupp Law Offices PC for fast honest advice about your criminal problems and get honest advice about your options. Krupp Law Offices represents clients in cases throughout West Michigan, including the cities of Grand Rapids, Big Rapids, Ionia, Grand Haven, Stanton, Greenville, Wayland, Allegan, Holland, Newaygo, White Cloud, Fremont, Coopersville, Hastings, Middleville, Wyoming, and Rockford, including Kent County, Ottawa County, Newaygo County, Ionia County, Mecosta County, Barry County, Montcalm County, and Allegan County, Michigan.
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161 Ottawa NW Suite 201
Grand Rapids MI 49503
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