Miranda warnings can play an important role in criminal cases in South Carolina. Knowing when the warnings are required, and how to use the rights they describe, can help you avoid making statements that are later used against you.
If officers question you in custody without giving the required warnings, a court may exclude your statements from the prosecution’s case. That does not by itself end a case. If you waive your Miranda rights and speak with law enforcement voluntarily, you may give the prosecution statements it can use against you at trial.
If you are facing a criminal charge in the Greenville area, keep your rights in mind and contact a criminal defense attorney at Touma Law Group. We defend people facing a wide range of criminal charges and will work to protect your rights throughout your case. Call us today or book an appointment online!
What Are Miranda Rights?
The Miranda warning informs a person of rights that come mainly from the Fifth Amendment privilege against self-incrimination, which provides that no person “shall be compelled in any criminal case to be a witness against himself.” The Sixth Amendment separately provides that the accused has the right “to have the Assistance of Counsel for his defence” in criminal prosecutions. Both amendments are part of the U.S. Bill of Rights. The warning is commonly given in these words:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have the right to an attorney, including to have an attorney present during questioning
- If you cannot afford an attorney, one will be appointed for you
These warnings apply to custodial interrogation. They tell you that you may decline to answer questions and that you may have a public defender or private attorney present during questioning. Using these rights can help you avoid making an incriminating statement that may damage your case.
Why Are They Called “Miranda Rights”?
The name “Miranda Rights” comes from the case Miranda v. Arizona, 384 U.S. 436 (1966), decided by the U.S. Supreme Court. The Court held that, before questioning a person who is in custody, officers must warn the person that he has the right to remain silent, that anything he says can be used against him in court, that he has the right to have an attorney present, and that one will be appointed if he cannot afford one.
When Do the Police Read Your Miranda Rights?
Many people believe that an officer must read the Miranda warning at every arrest or stop. That is not what the rule requires.
Under Miranda, officers must give the warnings before a custodial interrogation. This means that two conditions must be met:
- You must be in custody. The Court described this as being “taken into custody or otherwise deprived of his freedom of action in any significant way.” This will often be at the police station, but does not necessarily have to be.
- You must be the subject of interrogation. This means questioning initiated by law enforcement officers. The Court noted that statements you volunteer on your own, and general on-the-scene questioning, are not covered by the rule.
Miranda is a federal constitutional rule, so it applies to South Carolina officers in the same way. Officers are not required to give the warnings until both conditions are met.
How Do You Exercise Your Miranda Rights?
To invoke your Miranda rights, you should say so clearly, for example: “I am remaining silent and I want a lawyer.” Staying quiet is not enough by itself. In Berghuis v. Thompkins, 560 U.S. 370 (2010), the Supreme Court held that a suspect must invoke the right to remain silent unambiguously, and that remaining silent or making an equivocal statement does not require police to stop questioning. Under Miranda, if you ask for an attorney, the interrogation must stop until an attorney is present.
The same idea applies before you are in custody. In Salinas v. Texas, 570 U.S. 178 (2013), the Supreme Court affirmed a murder conviction in a case where prosecutors used a man’s silence against him. He had voluntarily answered questions at the police station, without being in custody and without Miranda warnings, but did not answer one question. No opinion had the support of a majority. Three Justices reasoned that he did not expressly invoke the privilege against self-incrimination. Two Justices would have affirmed on the ground that the prosecutor’s comments did not compel him to give self-incriminating testimony, even if he had invoked the privilege. Four Justices dissented. Because the Court was divided and the facts were specific, a lawyer can explain how this applies to your situation. If you are being questioned and want to stop, tell the officer clearly that you are invoking your rights.
Will I Look Guilty by Exercising My Miranda Rights?
This is a common worry. The warnings exist because the Constitution protects these rights, and officers are required to tell you about them in custodial interrogation. Using them is a lawful choice. How a court treats a decision to remain silent can depend on whether you were in custody and whether you clearly invoked your rights, so a lawyer can explain how this applies to your situation.
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These rights are in place to protect you in the criminal justice system. Do not feel pressured to waive them because you are concerned about appearances. A waiver can give the prosecution statements to use at your trial.
Can I Invoke My Miranda Rights After Speaking with the Police?
You are allowed to invoke your Miranda rights at any time, but it is usually in your best interest to do so immediately. It is common for people to wait until the line of questioning turns toward topics that could implicate them in some way. Anything you say in an interrogation before you invoke your Miranda rights may be used by the prosecutor’s office as evidence at trial. Invoking your rights from the start and asking for a lawyer keeps you from giving up statements before you have had legal advice.
What Do I Have to Do to Waive My Miranda Rights?
Under Miranda, a waiver of your rights is valid only if it is made voluntarily, knowingly, and intelligently. When questioning continues without a lawyer, the prosecution has a heavy burden to show a valid waiver.
A waiver does not have to be a formal written statement. In Berghuis v. Thompkins, the Supreme Court explained that a waiver can be implied from a person’s silence, coupled with an understanding of the rights and a course of conduct indicating waiver, and that when warnings have been given and understood, an uncoerced statement can establish an implied waiver. In practical terms, answering questions after you have been given the warnings can be treated as a waiver.
Whether a waiver was voluntary, knowing, and intelligent depends on the circumstances of the questioning, including whether the person understood the warnings and whether pressure or coercion was used. A criminal defense lawyer can review those circumstances and explain whether a statement may be challenged.
What if I was not Read My Rights?
There are two questions that need to be answered to determine what will happen if the police did not read your Miranda rights:
- Were they required to read them?
- Did you make any self-incriminating statements while in a custodial interrogation?
Police officers are not required to read you your rights if you are not the subject of a custodial interrogation. In that case the Miranda rule does not apply, so the lack of a warning is not by itself a reason to exclude what you said. There may be other grounds to challenge a statement, and a lawyer can review the facts.
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If they were required to read your rights but failed to do so before you answered questions in a custodial interrogation, a court may suppress the statement. Suppressing a statement is not an automatic dismissal of the charges, because the case can continue on other evidence. Whether other evidence that police found because of the statement is also excluded depends on the facts of the case, and a lawyer can evaluate that question.
Hire a Criminal Defense Attorney
If you have been charged with a criminal offense remember your rights! Invoke your Miranda rights clearly and do not speak with the police without the presence of a criminal lawyer. Whatever you say can be used as evidence at your trial. Whether you face a drug charge, a charge for a violent crime, or one for a lesser offense, we can review the facts with you and explain your options.
Whether you are simply wanted for questioning or have faced a formal arrest, assert your rights to police authorities and contact a criminal defense lawyer at Touma Law Group. We will work with you every step of the way, from interrogation to the end of judicial proceedings.
