In the Empire State, statements made during custodial interrogation are inadmissible unless preceded by Miranda warnings. The issuance of Miranda rights protects people from custodial interrogation by the police. Police must give all arrestees a Miranda warning and should a person invoke his or her rights, the police must honor them. But what are those rights and when do they apply? If the police have arrested or charged you with a crime, please read on, then contact one of our experienced Nassau County criminal defense attorneys to learn what you should know about Miranda Rights in New York.
What are your Miranda Rights in the state of New York?
When police wish to conduct a custodial interrogation, they must first inform you of the following four rights:
- 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
- If you cannot afford an attorney, one will be appointed for you
Keep in mind, that circumstances exist when police need not apprise you of your Miranda Rights.
When are Miranda Rights not given in New York?
The following are the four scenarios under which the police do not have to give you a Miranda warning. These situations include when:
- Questioning is necessary for public safety
- Asking standard booking questions
- The police have a jailhouse informant talking to the person
- Making a routine traffic stop for a traffic violation
Keeping all of this in mind, you should know that the police are not the ultimate arbiters of when those conditions have been satisfied. In New York, that power to rule on the admissibility of statements rests in the hands of judges. You should reach out to one of our skilled Nassau County criminal defense attorneys, regardless of what you allegedly said or when you allegedly said it.
What can a Nassau County criminal defense attorney do for you?
Even for those who regularly immerse themselves in the court system of the United States, it can seem awkward and needlessly complex. Consequently, you might not know the full extent of your rights. Ignorance in itself is not a crime and the law prevents law enforcement from exploiting it. If the police did not give you your Miranda Rights in the prescribed manner, you may have your charges reduced or dismissed. Since law enforcement is never eager to admit to its mistakes, you should give our firm a call today.
Contact Our Long Island Firm
Criminal matters can change the course of your life forever. This is why you need an experienced attorney who will aggressively combat your charges to help mitigate their long-term effects. If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation. We would be happy to assist you.
