Miranda Rights provide US citizens with crucial protections under the 5th and 6th Amendments of the US Constitution. In New York and across the country, law enforcement is required to read Miranda warnings during arrests and interrogations. If they fail to do so, any statements from the defendant may be inadmissible in court. Despite the importance of these civic rights, many New Yorkers continue to ask themselves: what are Miranda Rights in New York?
Understanding What Miranda Rights Include
Individuals who are taken into police custody must be informed of the following rights before undergoing questioning:
- -They have the right to remain silent.
- -Anything that they say can and will be used against them in a court of law.
- -They have the right to a lawyer.
- -If they are not able to afford a lawyer, one can be provided for them.
If police do not read these rights to a defendant before they interrogate them, any statements made by the defendant could be determined inadmissible in a court of law. This means that the prosecution would not be able to use these statements as evidence against them.
When Miranda Rights Are Applied
It’s important to note that Miranda Rights do not apply to situations such as voluntary interviews or regular traffic stops when a person is not under arrest by law enforcement.
Miranda Rights do apply, however, to situations where law enforcement is coercing a confession or if a person has been taken into custody and law enforcement wants to interrogate them. As soon as a person asks for an attorney, questioning needs to stop immediately.
Common Misconceptions About Miranda Rights
Any statements that are made before an arrest occurs can still be used against a defendant, even if their Miranda Rights were not read to them. Furthermore, just because a person is under arrest does not mean that they are automatically supposed to be read their rights. Law enforcement is only required to read you your Miranda Rights if you are in custody and they intend to question you.
Finally, it is crucial to understand that you need to verbally and clearly invoke your Miranda Rights. Staying silent alone is not sufficient. You will need to state that you are either invoking your right to remain silent or that you want an attorney.
Miranda Rights in New York Child Protective Services (CPS) Investigations
In recent years, the administration for Children’s Services in New York has significantly ramped up legal action against families, as opposed to letting them voluntarily resolve their cases. For example, between 2016 and 2018, the Administration for Children’s Services (ACS) brought forward family court petitions that involved roughly 26,000 children, showing a 54% increase over the years.
Furthermore, ACS has carried out 30% more emergency removals, which means that they are taking children away from their families before even giving a family court judge the chance to review the case. This is partially due to an 11% surge in child abuse reports, which came after the tragic Perkins case, further putting pressure on the child welfare system.
Parents who are under ACS investigations are commonly not informed of their Miranda Rights in the same way that criminal suspects are. Many families are not aware of the following:
- -They have the right to a lawyer before talking with ACS.
- -They have the right to refuse entry into their home without an adequate warrant.
- -Anything they share with ACS could be used against them as evidence in a court of law.
Safeguarding Your Rights in New York
If you are undergoing questioning by law enforcement or ACS, it is crucial to remain silent until you have first spoken with a criminal defense attorney. After invoking your right to remain silent, ask if you are free to leave. If they say yes, you should remove yourself immediately from the situation. Never consent to being searched or having your home entered without a warrant. Be sure to state clearly that you want an attorney.
FAQs
What Are Miranda Rights?
Miranda Rights are crucial legal protections that make sure all people who are under police custody and about to be interrogated understand their right to remain silent and have an attorney. Miranda Rights also involve being informed that anything that the defendant says may be used against them in a court of law and that if they’re not able to afford an attorney, one can be provided to them by the state.
When Must Police Read Miranda Rights in New York?
In New York, police are required to read Miranda Rights to individuals when they are under custody, meaning that they are under arrest or not free to leave, and if the police intend to interrogate them. If law enforcement does not read these rights before interrogation, any statements made by the defendant may be determined inadmissible by the courts.
Do Police Have to Read Miranda Rights at the Time of Arrest?
No, the police are not required to read Miranda Rights at the time of arrest. They are only required to be read by law enforcement before interrogations while the defendant is in custody. If you are arrested but not questioned by law enforcement, the police are not required to read you your Miranda Rights.
What Happens If I Waive My Miranda Rights?
If you waive your Miranda Rights, in other words, if you are in agreement with talking to law enforcement after they have read you your rights, anything you say could be used against you as evidence in a court of law. You are allowed to change your mind and ask for legal representation at any time.
Protect Your Rights and Interests With a Skilled New York Criminal Defense Attorney
Miranda Rights are crucial to ensure that individuals are protected from self-incrimination. However, there is a wide misunderstanding about how and when they may apply. Whether you’re dealing with criminal investigations or family court matters, it’s crucial to know your rights so that you can optimally navigate New York’s legal system.
If you or your family are currently under investigation, a dedicated criminal defense attorney from the Law Offices of Robert Tsigler, PLLC can help. Contact us today to learn more.
