Carolina Criminal Defense & DUI Lawyer Updates“They never read me my Miranda rights!” This is one of the most common statements criminal defense attorneys hear from clients who believe this oversight will automatically get their charges dismissed. Unfortunately, this widespread misconception, fueled by countless TV shows and movies, rarely reflects the reality of North Carolina criminal law.
If you’ve been arrested and are wondering about your Miranda rights, understanding when they actually apply and when they don’t could make a significant difference in your case.
If you’ve been charged with misdemeanor death by vehicle in Mooresville or felony death by vehicle in the Charlotte metro region, it’s a good idea to consult an experienced North Carolina criminal defense lawyer. The criminal defense legal team at Powers Law Firm understand the intricacies of vehicular homicide cases and may be available to serve as legal counsel and guide you through your legal options. Call or TEXT 704-342-4357 to schedule a confidential consultation.
What are Miranda Rights?
Miranda rights come from the landmark 1966 Supreme Court case Miranda v. Arizona. These rights include the right to remain silent, the warning that anything you say can be used against you in court, the right to have an attorney present during questioning, the right to have an attorney appointed if you cannot afford one, and the understanding that you can invoke these rights at any time during questioning.
In North Carolina, police must inform you of these rights under specific circumstances, but not in every situation involving an arrest. Failure of law enforcement to comply with law may subject the improperly obtained evidence to something called the Exclusionary Rule.
Miranda Rights
- You have the right to remain silent
- Anything you say can and will be used against you in court
- You have the right to an attorney
- If you cannot afford an attorney, one will be provided for you
When are the police required to give you Miranda Rights?
Police are only required to read Miranda rights when both of these conditions are met:
1. You Are in Custody
“Custody” doesn’t simply mean you’ve been arrested. Courts look at whether a reasonable person in your situation would feel free to leave. Factors judges consider include whether you were physically restrained, the location of questioning, such as a police station versus your home, the number of officers present, the tone and duration of questioning, and whether you were told you were free to leave.
2. You Are Being Interrogated
Interrogation means deliberate questioning or actions by police designed to elicit (obtain) incriminating responses. This often involves direct questions about the alleged crime and comments intended to provoke a response. Casual conversation or spontaneous statements usually don’t count as interrogation.
When police DON’T have to read Miranda Rights
A fair number of arrests in North Carolina occur without Miranda warnings, and that’s perfectly legal. Police may not need to read Miranda rights when:
During Traffic Stops
Most routine traffic stops aren’t considered “custody” for Miranda purposes. If an officer asks about drinking or drugs during a DUI stop, your answers are typically admissible even without Miranda warnings.
During Field Interviews
If you’re not under arrest and free to leave, officers can ask questions without Miranda warnings. This may include consent searches, “knock and talks,” and neighborhood canvassing.
For Spontaneous Statements
If you volunteer information without being questioned, Miranda Rights likely do not apply. Unprovoked, spontaneous “utterances” (statements) like, “I didn’t mean to hit him,” or “The drugs aren’t mine” could be used against you even without warnings.
During Booking Procedures
Standard booking questions, such as asking for your name, address, and date of birth, don’t require Miranda warnings.
What happens if they violate your Miranda Rights?
If North Carolina police violate your Miranda rights, it doesn’t necessarily mean your case gets dismissed.
Instead, the court may exclude statements you made during improper interrogation and evidence discovered as a direct result of those statements.
How police conduct an investigation prior to Arrest
However, prosecutors can often still proceed with physical evidence, witness testimony, statements made outside the Miranda violation, and evidence that would have been discovered anyway.
Common Miranda Rights misconceptions
“No Miranda = Case Dismissed”
False. Miranda violations alone rarely result in charges being dismissed. Many, if not most, cases can proceed without your statements, assuming law enforcement has other evidence and proof of the alleged crime and the perpetrator.
“Miranda has to be read when you’re arrested”
False. Miranda is only required before custodial interrogation, not at the moment of arrest.
“They can’t question you without a lawyer”
Not really. You can request a lawyer, but the police can still ask questions if you don’t clearly exercise your right to remain silent and specifically request to speak with an attorney. If police persist in asking questions, you just don’t have to answer them.
“Miranda applies in all police interactions”
False. Many, if not most, police encounters don’t require Miranda warnings. Police may make “voluntary contact” in North Caroliona, ask questions, and investigate possible crimes. Miranda Rights apply to custodial interrogations. It can be a relatively complicated area of law. When in doubt, ask to speak with an attorney. Ask if you are free to leave. Exercise your legal rights clearly, while remaining polite.
Protecting yourself when dealing with the police
Regardless of whether police read your Miranda rights:
- Exercise your right to remain silent beyond providing basic identifying information
- Clearly state, “I want to speak with an attorney”
- Avoid resisting or arguing, since legal issues should be addressed in court
- Never consent to searches without a warrant
- Remember that anything you say might be used against you, whether Miranda warnings are given or not. You have a right to remain silent. Use it!
When do Miranda Rights matter in North Carolina?
Miranda violations may prove significant in cases that rely heavily on confessions, such as domestic violence cases, drug crimes with possession admissions, theft cases involving things like larceny by employee with admissions of guilt, and other white-collar crimes such as embezzlement that may involve complex explanations. Even then, experienced prosecutors often have backup evidence that doesn’t depend on your statements.
What you should do if you think your Miranda Rights were violated
If you think police violated your Miranda rights in North Carolina, you should avoid discussing it with anyone except your lawyer, document everything you remember about the arrest and questioning, contact an experienced criminal defense attorney immediately, and refrain from making any more statements to law enforcement.
An experienced attorney will want to review the circumstances of your arrest, determine if Miranda violations occurred, and possibly argue a motion to suppress to exclude illegally obtained statements.
The Bottom Line on Miranda Rights in North Carolina
While Miranda rights are important constitutional protections, they’re not the “get out of jail free” card some people believe them to be. North Carolina courts regularly uphold convictions even when Miranda warnings weren’t given, as long as police followed proper procedures for the specific circumstances.
If you’re facing criminal charges, don’t assume potential Miranda violations will be your primary defense strategy. Obviously, tell your defense lawyer about what happened, including whether police read you your rights. Let them sort through what is legal or not.
It’s important to work with a criminal defense attorney who can evaluate all aspects of your case and develop a comprehensive defense strategy.
The criminal justice system is complex, and understanding your rights requires more than what you’ve seen on television. When your freedom is at stake, make sure you have knowledgeable legal representation fighting for your best interests.