Maryland Police Question You Without Reading Your Miranda Rights
If you are arrested in Maryland, the police should inform you of your rights before any questioning begins. These rights are known as Miranda rights, and they are a critical part of protecting your freedom. What happens if the police do not read them to you? Can the case against you still move forward?
Understanding how these rights work is essential if you are under investigation or facing charges. A Townson, MD criminal defense attorney can help.
What Are Miranda Rights?
Miranda rights come from a 1966 Supreme Court case, Miranda v. Arizona, and they are directly tied to the Fifth Amendment, which protects people from being forced to incriminate themselves. Police officers must read these rights before they begin any custodial interrogation. They include:
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The right to remain silent
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The warning that anything you say can be used against you in court
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The right to an attorney
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The right to a court-appointed attorney if you cannot afford one
What Happens if Police Question You Without Reading Your Miranda Rights in Maryland?
Police do not need to read you your rights the moment you are arrested. However, they must inform you of them before they begin a custodial interrogation. If they fail to do so, anything you say during questioning may be thrown out.
For example, if you are arrested for a felony and questioned without a Miranda warning, your attorney may challenge the admissibility of any statements you made. This is especially true when the questioning takes place in a controlled environment like a police station, where pressure is high.
Interestingly, warrants do not impact the Miranda requirement. Under Md. Code, Crim. Proc. § 2-202, Maryland law allows police to make an arrest without a warrant if they believe a felony has been committed, but even then, any interrogation must comply with constitutional protections.
How Can You Protect Yourself From Self-Incrimination After an Arrest?
The most important step you can take is to remain silent and ask for an attorney. Do not try to talk your way out of the situation or explain anything to the police. Even if you think you are helping yourself, your words can be twisted and used against you.
You do not need to say anything more than to invoke your right to have a lawyer present. The moment you request an attorney, the police must stop questioning you. If they continue, any responses you give may later be ruled inadmissible under protections like Md. Code, Cts. & Jud. Proc. § 10-912, which governs how statements made during custodial interrogation can be used in court.
You should also be aware that officers must clearly identify themselves and state the reason for your arrest. This adds a layer of accountability and ensures you understand what is happening from the start.
Contact a Glen Burnie, MD Criminal Defense Attorney Today
If you were questioned by police without receiving a Miranda warning, you may have a strong defense for whatever charges are against you. At Seger Law, LLC, I do not just look at what you said. I investigate how and when you were questioned and whether your rights were violated. With a track record of aggressive legal representation, a supportive approach to client care, and recognition as a SuperLawyer Rising Star 2024, I am here to defend you at every stage of the process.
Call 443-208-4692 today to schedule a free consultation with an experienced and compassionate Towson, MD criminal defense lawyer.