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Understanding Your Miranda Rights in a Federal Criminal Case

March 21, 2024 Uncategorized

Understanding Your Miranda Rights in a Federal Criminal Case

Being accused of a federal crime can be scary. The legal system is complicated, and the stakes are high. One thing you need to understand are your Miranda rights. These rights protect you when law enforcement questions you while you’re in custody.

What Are Miranda Rights?

Miranda rights come from a famous 1966 Supreme Court case called Miranda v. Arizona. The Court ruled that when law enforcement takes someone into custody, they must inform them of certain rights before questioning them. These rights include:

  • You have the right to remain silent
  • Anything you say can and will be used against you in court
  • You have the right to talk to a lawyer before being questioned and have them present during questioning
  • If you cannot afford a lawyer, one will be appointed to represent you before questioning, if you wish

Police must clearly explain these rights in a language the person understands. They cannot downplay the significance of the rights. The person must fully grasp what their rights are and what it means to waive them.

When Do Miranda Rights Apply?

For Miranda to attach, two things must happen:

  1. You must be in police custody
  2. You must be subjected to interrogation

Custody means you don’t feel free to leave and go about your business. This includes formal arrests, but also applies when an officer restrains you in any significant way. For example, locking you in a room or blocking your exit.

Interrogation refers to express questioning or actions the police should know are likely to elicit an incriminating response. So it’s not just about asking questions, but also the setting and context.

If both custody and interrogation are present, police must read you your Miranda warnings. If not, statements you make can potentially be used against you regardless of whether Miranda was given.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Why Do Miranda Rights Matter?

Miranda protects your Fifth Amendment right against compelled self-incrimination. It prevents police from using isolation, intimidation, or trickery to get you to confess. The idea is that confessions should be made freely and with a full understanding of the consequences.

Without Miranda, the police could use unethical tactics to pressure suspects into confessing, even if they’re innocent. False confessions lead to wrongful convictions. Miranda helps avoid this injustice by ensuring confessions are voluntary.

What If Police Don’t Read Me My Rights?

If you are in custody and subjected to interrogation without receiving Miranda warnings, your statements will likely be inadmissible as evidence. This means the prosecutor cannot use them against you in court.

However, failure to give Miranda only causes statements made during the unwarned interrogation to be excluded. Other evidence and statements made outside that interrogation may still come in. So police might still have a strong case against you even without the tainted statements.

Also, if questioning occurs without custody or interrogation, Miranda isn’t required. Anything you say can then be used in court no matter what. So don’t assume that just because police didn’t Mirandize you that your statements can’t hurt you.

Should I Invoke My Right to Remain Silent?

  • Provide an alibi
  • Explain mitigating circumstances
  • Correct a factual misunderstanding
  • Challenge an improper search or arrest

So evaluate your options carefully. Get legal advice if possible. Make strategic decisions about whether and when to invoke your right to remain silent.

Just remember that anything you say can be used against you. So while speaking up might help in some cases, it could backfire in others. Proceed with extreme caution when talking to the police if you’re the target of an investigation.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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