Any situation in which you are interacting with police officers can be at least a little scary and intimidating. Chances are, this is not a regular occurrence for you, and you may not know exactly what your rights are in regards to your freedom to walk away from the authorities. It is within your rights, as affirmed by the U.S. Supreme Court, that you are required to be read your Miranda Rights before you are subjected to custodial interrogation.
Custodial interrogation is, essentially, a situation in which you have been deprived of a significant amount of freedom of action. If you are handcuffed and arrested, then that is a clear indication that you are in law enforcement custody. Other times, it’s not as clear. This blog will take a look at some factors that courts look at to determine if someone was in custody while being interrogated. This matters because if you were not read your Miranda Rights while in custody, then statements you made may not end up being admissible in court.
In the investigation of a crime, police will gather evidence and speak to suspects and persons of interest. If police want to effect a situation in which someone being questioned is compelled to answer questions, as opposed to merely being asked, then officers must advise individuals of their rights. If it turns out that you were not given your Miranda warning before being subjected to custodial interrogation, then statements you made are usually not admissible.
However, there are some exceptions to this rule. To know whether or not your interrogation was handled properly by law enforcement, reach out to The Maine Criminal Defense Group today to get started with a pre-consultation into your case.
If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys
How did we do?
Note: Your review may be shared publicly.
In response to the global coronavirus (COVID-19) pandemic, we have adjusted our policies and procedures as it pertains to in-person meetings and consultations. Effective immediately, we have suspended all in-person meetings and consultations and instead, will conduct those meetings via teleconferencing or video conferencing. This policy pertains to all clients; past, present and future. Please understand that while we may not be meeting with you, our clients in person, our legal team will continue to work on your cases and communicate with you in the same, prompt, and professional manner as always. Please be assured that whether we are physically present in our offices, or working remotely, you, the client, will not experience an interruption in the services you’ve come to expect from The Maine Criminal Defense Group. Thank you for your continued patience and understanding during this turbulent time.