The Miranda warning is an important part of the American criminal justice process. Law enforcement personnel in Washington state and elsewhere in this country are required to provide this advice to anyone they arrest on suspicion of a criminal offense, including driving while under the influence (DUI). Those who are not provided with this information could seriously challenge their arrest and any subsequent legal action. However, they will need the assistance of a Seattle criminal defense lawyer to assure that this right is protected.
Established in 1966, the Miranda rule is considered an extension of the Fifth Amendment to the U.S. Constitution, which protects individuals against self-incrimination. Viewers of American films and television programs depicting crimes should recognize the statement, which informs suspects that they do not have to speak with police and further warns them that any statements they make can be used as evidence against them. Suspects are also notified that they have the right to consult with an attorney and to free legal assistance if needed. Although a Miranda warning must clarify every one of these rights and protections, courts have given some leeway as to the exact phrasing that can used by law enforcement personnel.
In cases where the police fail to follow the Miranda rule, statements made by suspects, even confessions, will not be allowed in court if the case goes to trial. Egregious violations by police will occasionally result in a complete dismissal of the charges. However, law enforcement errors concerning this issue typically affect only the evidence obtained from the suspect. The accused individual can still be charged and subject to criminal proceedings. Defense attorneys advise those charged with crimes to refrain from making statements to police and to immediately report any attempt to circumvent the Miranda rule.
Miranda is commonly applied when a person is in actual police custody. It may not come into use when interviewing witnesses at the scene of a traffic accident unless the police believe that someone has committed a DUI offense in Seattle. Additionally, the warning is not used when someone voluntarily provides information, even at a police station, provided there is an understanding that the person is not under arrest. These and other issues related to Miranda have been subject to several court decisions in the five decades since the original ruling, and not every issue has been legally resolved. This is why it is important that those charged with DUI or other offenses seek the services of a criminal defense attorney in Seattle, which will help guarantee that their Miranda rights are accurately observed.