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Miranda Rights

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The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent her or him.

~Miranda v. Arizona, 384 U.S. 436 (1966).

From the right against self-incrimination enshrined in the Fifth Amendment and the right to counsel apotheosized in the Sixth Amendment, the Supreme Court fashioned the Miranda Rights warning. Though most people have heard the Miranda Rights recited in movies or on television, these rights, both in their application and their meaning, remain a mystery to nearly everyone outside the criminal justice system.

Cambridge Criminal Lawyer Explains Miranda Rights

Neither the Miranda decision nor any later Supreme Court decisions require a police officer to recite the Miranda warnings to an individual at the time he is arrested or taken into custody. Instead, the Supreme Court requires the police or FBI agents to recite the warnings before interrogating those in custody. Unless these law enforcement agents intend to question individual they have taken into custody, they are under no obligation to recite the warnings.

Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it.

~Judge Learned Hand

If the police fail or refuse to recite the warnings to someone in custody before questioning him, and the individual makes incriminating statements in response to that questioning, the individual (now very likely the “defendant”) can challenge the constitutionality, and therefore the admissibility, of those statements. Should the Court find the defendant, while in custody, made incriminating statements in response to police initiated interrogation, without having first been informed of his rights, it has the authority to rule these statements inadmissible at his trial. If the police fail to recite the warnings to an individual in custody before questioning him, but individual makes no such statements in response, there is no remedy available to the defendant.

Once an individual, whether or not he has been so warned, asserts his right to silence or to a lawyer, the police are prohibited from further questioning him. Despite the clarity and force of the Miranda decision, and its progeny, law enforcement agents regularly ignore their responsibilities to recite the warnings and to abide by a suspect’s declaration that he is asserting his rights to silence and to counsel.

Contact a Massachusetts Criminal Attorney

If any law enforcement agency is seeking to question you or a loved one, contact Kevin J. Mahoney, a Cambridge criminal defense lawyer, at your earliest convenience.

Related articles: Should I Speak with the Police?, What Should I Do?, Telephone Call, Bill of Rights, and Massachusetts Declaration of Rights.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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