If you’re facing criminal charges in Delaware, you’ve probably heard of Miranda rights. Miranda rights aren’t explicitly stated in the Constitution. They’re actually rules established by the Supreme Court to protect your constitutional rights during police questioning. There’s a lot of confusion about how they work. Here are four important things you should know.
Police don’t always have to read your rights right away
Many people think the police must read Miranda rights as soon as they arrest someone. That’s not exactly true. The police only need to read these rights before questioning you while in custody. This is called “custodial interrogation.” It means you’re not free to leave and they’re asking you questions about a crime.
The police can arrest you, put you in a patrol car and take you to the station without mentioning your rights. But if they want to question you about a crime and use your answers in court, they must read you your Miranda rights first.
The court won’t automatically dismiss your case if you didn’t hear your rights
If the police didn’t read you your rights, it doesn’t mean the court will dismiss your whole case. The judge might not allow prosecutors to use your statements as evidence of guilt. However, prosecutors can still use other evidence against you. They might even use your statements for other purposes, like challenging your credibility in court.
You can give up your rights without saying specific words
You don’t have to say, “I waive my rights,” to give them up. The court looks at everything that happened, including your actions and the police’s behavior. If you start answering questions after hearing your rights, the court might decide you gave them up. The police don’t need to use exact words either, as long as they explain the main points.
Miranda rights don’t protect everything you say after arrest
Some people think that if police didn’t read their Miranda rights, courts can’t use anything they say against them. That’s not true. Miranda rights only protect you from answers you give during police questioning. If you say something on your own without the police asking, even after an arrest, prosecutors can still use this in court.
If arrested, stay quiet and wait for a lawyer, even if you think police didn’t violate your rights. Doing so can help your case in the future.
