Anybody who has ever watched a crime show or movie has a general understanding of the “Miranda Rule.” However, this criminal procedure rule is more complex than CSI or Law and Order demonstrate. When raised as a defense, the Miranda Rule may exclude evidence, resulting in an acquittal of criminal charges. At Greene & Lloyd, our Tacoma criminal defense lawyers possess extensive experience in the Miranda defense.
Understanding the Miranda Rule
The Miranda Rule provides that a defendant’s statements are inadmissible evidence unless police advise the defendant, before being taken into custody and interrogated, of the following:
- The right to remain silent;
- Defendant’s statements can be used against him/her in court;
- The right to an attorney; and
- If the defendant cannot afford an attorney, one will be provided.
Whether Miranda applies depends on whether the defendant is (1) in custody and (2) being interrogated. A defendant is in custody if deprived of freedom to move and not free to leave the location where police have detained him/her. An interrogation occurs when police know/should know that their conduct or words are likely to elicit an incriminating response from the defendant.
Custody and interrogation are complex, fact-specific legal concepts. For example, if an officer handcuffs you, you are deprived of the freedom to move and not free to leave the detention. However, if an officer is merely speaking to you without confining you, you are not in custody. An example of interrogation is an officer stating “we know you did it,” because the defendant is likely to respond, which response would be used against the defendant in court.
If you have been charged with a crime, our firm’s Tacoma criminal defense lawyers will advise you how Miranda applies to your case.
Retaining a Tacoma Criminal Defense Lawyer
If you are facing criminal charges, your Tacoma criminal defense lawyer at Green & Lloyd will counsel you regarding all viable defenses, including police failure to properly Mirandize you. We provide clients with the most zealous defense to which the law entitles them, and have successfully defeated criminal charges raising the Miranda defense.
Please contact Greene & Lloyd, Tacoma criminal defense lawyers, at (253) 770-0808 for a complimentary consultation regarding your case.