If you have followed the news regarding the tragic bombing in Boston, it is impossible not to have heard the Miranda warning discussed. While the suspected was not originally given a Miranda advisement of rights because of the “public safety exception,” he immediately asserted his right to stop talking as soon as the warning and advisement of rights was provided. This shows the power of the Miranda warning and rights included in the advisement, but many people arrested in Missouri do not understand much about the Miranda warning beyond what they see on television.
The Miranda warning is designed to prevent those accused of crimes from inadvertently waiving two of their most critical rights. The Fifth Amendment protection against self-incrimination and the Sixth Amendment to right to counsel are the two core rights that you are entitled to be advised of when you are formally taken into custody. It is important point to understand that the terms “in custody” and “arrest” are not necessarily synonymous. While you will always be considered to be “in custody” if you have been arrested, the point at which the police must give a Miranda advisement is when a reasonable person would not think he or she was free to leave.
This is extremely important because if you make statements to the police before this point, the statements may not be subject to suppression even though you had not yet been Mirandized. The power of Miranda is that any statements obtained after a suspect is no longer free to leave may be subject to exclusion from the Missouri criminal case so that it cannot be used against a defendant. If a suspect volunteers any information before the advisement of rights is required the statements generally will be admissible. Anyone arrested a crime in Missouri should immediately assert their right to remain silent and to have an attorney present.
If you are arrested in Kansas City, you should also be aware that the advisement of rights is not dependent on use of “magic words.” This means that way it is stated differs depending on the state in which you live so you should not ignore the warning merely because it sounds different than you may have heard it stated in crime dramas. The police can also approach you again after enough time has elapsed even if you have previously asserted your rights so you should assert your right to avail yourself of your right not to participate in an interview or questioning without a Kansas City criminal defense attorney present early and often.
Kansas City criminal defense attorney Stacey Schlimmer provides aggressive defense of her clients’ rights and freedom. Our Kansas criminal defense law firm offers a confidential free consultation so call us today at 913-219-5424 or contact us online.