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Miranda Rights
Miranda Rights: Know them & Protect Them
AS SEEN IN COUNTLESS CASES, MIRANDA RIGHTS ARE CRUCIAL TO YOUR DEFENSE.
What Are Miranda Rights?
Miranda Rights originated from Miranda v. Arizona, 384 U.S. 436 (1966). They are the statements police officers are obligated to recite when you’re taken into custody or interrogated. If you are in custody and the police question you, they must inform you of your right to remain silent, your right to an attorney, and that anything you say can be used against you in court.
Why Does It Matter If They’re Not Read?
Failure to read your Miranda Rights can result in critical evidence or statements being challenged, or entirely thrown out. Regardless of the situation you find yourself in, a violation of your Miranda protections could be the difference between conviction and dismissal.
Penalties, Crimes, and Punishment
If you’re accused of any crime—whether it’s a serious felony or a misdemeanor—Miranda violations can affect the punishments you face. For instance:
- Felonies: Extended prison sentences, financial fines, and probation.
- Misdemeanors: Up to one year in jail, hefty fines, community service.
- Federal Charges: Handled by the U.S. Department of Justice; sentences can be more severe.
When law enforcement neglects proper procedure, it can lead to a powerful defense strategy. You can learn more about standard Miranda requirements directly from official sources, like the U.S. Courts website.
OUR STRATEGIES FOR PROTECTING YOUR RIGHTS
At Spodek Law Group, we can help you if your Miranda Rights were violated. Our NYC Criminal Defense Lawyers have over 50 years of combined experience and know exactly how to use these rights to your advantage in and out of the courtroom.
Regardless of the complexity of your case, here are just a few ways we can defend you:
- Challenging Police Procedure
- We argue any statements you made—without a proper Miranda warning—should be suppressed.
- Disputing Involuntary Confessions
- We show that you were pressured, or deceived, into self-incrimination.
- Negotiating with Prosecutors
- We highlight that the State’s evidence is faulty due to a Miranda Rights breach.
- Taking the Case to Trial
- If necessary, we’re prepared to fight before a judge or jury to ensure the charges are minimized or dismissed.
EXPERIENCED. DEDICATED. READY TO DEFEND YOU.
If you believe your rights have been compromised, or if you’re simply unsure about the process, we’re here. We are available 24/7 to answer your questions and walk you through the next steps. Regardless of where your case is, from coast to coast, we can help you.
HOW MIRANDA RIGHTS AFFECT CRIMINAL CASES
Miranda Rights apply to both state and federal investigations. If authorities fail to provide these warnings and then interrogate you, your admissions—or even confessions—may become invalid. If you want to read more about governmental procedures on this topic, check out the official site of the U.S. Department of Justice.
WHAT SHOULD I DO IF I WASN’T READ MY MIRANDA RIGHTS?
Stay calm. Do not volunteer additional information. Contact a top-rated law firm like ours immediately. At Spodek Law Group, we are prepared to dive deep into all evidence, challenge unconstitutional actions, and build a robust defense strategy. We understand the panic that comes with being questioned by police, and we take these situations very seriously.
FAQ: TOP QUESTIONS ABOUT MIRANDA RIGHTS
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Can my case be dismissed if they didn’t read me my Miranda Rights?
Possibly. If key evidence depends on statements made without proper warnings, dismissal is on the table—or severe reduction of charges. -
Do Miranda Rights apply to federal cases?
Absolutely. Federal agents must also comply, or risk having their evidence suppressed. -
When exactly must they read me my rights?
Right before custodial interrogation. Being in custody (not free to leave) + police questioning triggers Miranda. -
How do I prove a violation took place?
Our attorneys gather all records, body-cam footage, witness statements, and official reports to show the violation and push to have your statements deemed inadmissible.
WE CAN HELP YOU, REGARDLESS OF THE CRIME OR SITUATION.
Spodek Law Group is a premier criminal defense law firm with attorneys who have been seen on major media outlets. We’re recognized for our ability to handle high-profile cases and serious charges with confidence. If law enforcement forgot (or chose not) to inform you of your rights, contact us immediately.
RISK FREE CONSULTATION
We believe every single client deserves the best possible legal representation. Speak to one of our attorneys—today. We are available 24/7 to offer a risk free consultation. We can help you.
No visitor to this content should act or refrain from acting solely on the basis of this information without seeking individualized legal advice from counsel licensed in your state. Information provided here is general and may not reflect current legal developments. Spodek Law Group disclaims liability in respect to actions taken or not taken based on any or all the contents of this material.
We are ready to protect you.