Many times when a client first walks through the door of Nessel and Kessel Law and we begin to discuss their case, I’m often asked “how can they charge me, the police read me my rights?!” As some of the top Detroit criminal defense attorneys, I can tell you that this question comes from too many people watching too much Law & Order type television. While many people may not know it, the “rights” they are referring to are commonly referred to as “Miranda rights.”
These rights come from an incredibly famous and important United States Supreme Court decision, Miranda v Arizona. Miranda involved a suspect who was interrogated for several hours by police officers. After the prolonged interrogation Mr. Miranda signed a statement admitting to his involvement in a kidnapping. At no time was Mr. Miranda advised that he had the right to remain silent and not to make any statements that could be used against him. The Supreme Court held that before a suspect may be interrogated, they must be informed that they have a right to make no statement at all.
The key in the Miranda decision is how it relates to interrogations. Before someone is INTERROGATED by the police, they must be made aware of their rights. What the decision does not say is that a suspect must be read these rights when they are arrested. That is where the misconception takes place.
There is no requirement that police read you Miranda rights when they arrest you. The only time the police are required to read you your Miranda rights is when they question you.
The police know what questions to ask and when to ask them. They know how to get you to admit things you don’t mean, didn’t do, and never thought you’d say. If you’ve been arrested, the police believe that you’ve done something wrong and they will do their best to make sure that you are punished, regardless of what the truth is. The truth, is that you need a top Detroit criminal defense attorney in your corner. You need an experienced Michigan defense lawyer who knows how to fight for your rights. At Nessel and Kessel Law we have the knowledge and courtroom skill to make sure that your rights are protected.