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An overview of a person’s Miranda rights

| Apr 23, 2020 | Blog, Criminal Defense |

Individuals in Ohio and throughout the country have a number of rights that must be respected if they are taken into custody. For example, an individual must have the right to remain silent, and an individual must be told that anything he or she says to a police officer could be used as evidence at trial. If a person is being interrogated, that individual has the right to invoke his or her ability to remain silent at any time.

Once this right is invoked, an interrogation must immediately come to an end. Interrogations must be postponed if a person asks for an attorney. Once an attorney is present, authorities may generally resume questioning the suspect. The Supreme Court ruled in 2010 that an individual must respond when asked if he or she understands his or her Miranda rights.

If a person fails to respond to this question, police cannot begin to interrogate that person. An interrogation typically begins after a person has been taken into custody and has been asked questions that could potentially link that individual to the crime. Generally speaking, asking for identification does not constitute an interrogation as a person has a legal obligation to comply with such a request. If a person is not read his or her rights, any evidence obtained in a case could be ruled inadmissible.

Those who have been detained for questioning or charged with a crime may want to consult a criminal defense attorney to help protect their rights. An attorney may be able to prevent a person from making incriminating statements or taking other actions that might undermine his or her position. Legal representatives may help create defenses to a criminal charge such as asserting that an individual was a victim of mistaken identity.