subject: What Are Miranda Rights? - Information on Criminal Law [print this page] If a person is "in custody" and under "interrogation" they must be read their Miranda Rights. In most cases, if a person says something to a police officer when they should have been given their Miranda Rights, this statement cannot be used against the person in court. However, a huge exception to this rule is using a statement obtained in violation of a person's Miranda Rights to "impeach" them in court to show that they are lying. For example, if a defendant testifies in court that a car was blue, but he previously told the police the car was red, his prior statement that the car was red can still be used to show the defendant is lying even if the statement was made in violation of his Miranda Rights.
Sincerely,
Garret Weinrieb
Valerio | Weinrieb Criminal Defense Attorneys
(note: Information contained within this article is intended for general information purposes only and is not, nor is it intended to be, legal advice for any individual case or situation. The information contained within this article is not intended to create an attorney-client relationship and use of this article, and any information contained herein, does not constitute such a relationship.)
What Are Miranda Rights? - Information on Criminal Law
