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Miranda warning: How it applies in Tennessee criminal cases

Posted December 23, 2015 - College Students, Drug Cases, DUI Cases, Felony Cases, Misdemeanor Cases, Prescription Fraud, Prostitution Solicitation, Shoplifting

Nashville criminal defense attorney Lee Martin explains how Miranda warnings apply to Tennessee criminal cases.  First off, knowledge is power when it comes to knowing your rights in a criminal case.  A basic understanding of these rights will help you avoid making mistakes that could cost you your freedom and reputation.  Unfortunately, many criminal defendants are unaware of the rights that they are guaranteed when facing criminal accusations.  These rights limit the government in their ability to investigate, prosecute, and punish criminal defendants.  Knowing and understanding these protections could mean the difference between you going to jail or being set free.  So therefore, play close attention to this article and you may actually learn something of benefit.

Miranda Rights

The Miranda warning addresses the most fundamental rights that a criminal defendant has when they are facing criminal accusations.  In the landmark decision of Miranda v. Arizona, the U.S. Supreme Court ruled that every person arrested and taken into custody must be made aware of certain fundamental constitutional protections.  As part of the Miranda Warning, the police must inform every criminal defendant that they have a right to remain silent and the right to an attorney.  Furthermore, the police must inform the accused that anything that they say can and will be used against them in a court of law and if they cannot afford an attorney one will be appointed to them.

What happens when Miranda rights are violated?

If these Miranda Rights are not read to the accused in a timely manner, any statement given by the suspect will be barred from being introduced or used as evidence at trial.  It can also mean that any evidence discovered because of the suspect’s statement will also be inadmissible at trial.  A violation of Miranda does not mean that the case will be automatically dismissed.  I cannot stress this point enough.  This concept is often misunderstood by the general public.  A violation of Miranda simply means that the statement given cannot be used as evidence against you in the trial.  It does not mean that the case will automatically be dismissed.  Depending upon the severity and materiality of the statement, a violation of Miranda could either be extremely material or practically harmless.  When the violation is material to the criminal prosecution, a favorable ruling in court will likely result in the case either being completely dismissed or resulting in a favorable plea deal for the accused.  On the other hand when the violation is practically harmless, the prosecution will move forward with their case as though the violation never occurred.  Due to the complexity of Miranda issues, it is important to hire an experienced criminal defense attorney so that they can evaluate Miranda issues in order for your defense to be advanced forward. A violation of Miranda could result in a criminal prosecution either being dismissed or reduced to a lesser charge.

-Lee Martin is a nationally recognized DUI and criminal defense attorney.  He provides premier legal services by limiting his caseload exclusively to DUI and criminal matters.  Lee knows how to build a solid defense strategy for your upcoming court date.  Let Lee Martin be your choose as your Nashville area criminal defense lawyer.   If you have pending charges, give him a call at 615-345-1988.

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