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When Must Miranda Warnings Be Given?

August 1, 2012 by Kevin Mahoney

When must Miranda warnings be given? 

Police must give the Miranda warnings (i.e., “You have the right to remain silent; you have the right to an attorney . . . .”) prior to questioning an individual who they have taken into custody. Although this may seem like a straightforward proposition, judges consider many factors in determining whether an individual was in custody. For a Massachusetts criminal defense attorney, persuading a judge to suppress a defendant’s statement is no small task.

When is an Individual in Custody?

If a suspect is handcuffed, placed under arrest, and taken to the police station for questioning, he is in custody. In most other situations, this issue is not so clear. The test can be stated in various ways: Was the individual’s freedom of movement sufficiently restrained? Was the individual questioned under circumstances that present a danger of coercion? Would a reasonable person in that same situation have felt feel free to end the questioning and leave? Would a reasonable person would think that the defendant was in custody? The police officer’s subjective purpose to detain a person is not a decisive factor in the analysis. 

To determine whether a person is in custody for purposes of Miranda, courts examine all the circumstances surrounding the interrogation, including: 

  • The location of the interrogation.
  • The language used to summon the defendant.
  • The extent to which the police confronted the defendant with incriminating evidence.
  • How long the interrogation lasted. 
  • The amount of pressure the police applied to detain the defendant.

 

Boston Criminal Defense Attorney’s Advice

Whether or not an individual is in custody or not, it is often a mistake for him to speak with the police. Those questioned by police are usually unaware of how the police or the prosecutor can use their statements against them — even when they believe they are only protesting their innocence. Many individuals naively place themselves at the scene of the alleged crime, admit to an argument, or claim self-defense — thereby inadvertently assisting the prosecution with proving its case against them. Since it can be very difficult to suppress a defendant’s statement, even if the police fail to advise an individual of his Miranda Rights, it is usually wiser to assert your right to silence and to a lawyer.

Contact Boston Criminal Defense Lawyer, Kevin J. Mahoney 

If you are facing criminal charges, an experienced Boston criminal defense lawyer will guard your constitutional rights and protect you from overreaching by the police and prosecutors. If you would like to speak with him about your situation, call us at (617) 492-0055 or submit our online contact form.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

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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