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Criminal Defense Firm Serving Northeastern And Central Pennsylvania

Miele & Rymsza, P.C.
Miele & Rymsza, P.C.

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Are there exceptions to a homicide defendant’s Miranda rights?

| Mar 27, 2020 | Homicide And Death Penalty Cases |

You have the right to remain silent, etc. You have probably heard this recitation many times on detective shows or in movies. It is called the Miranda rule, and it is a way for law enforcement officers to tell you what your rights are when you are under arrest.

The rule is important for several reasons. For example, if the police fail to read you these rights, it may make your arrest invalid. In serious homicide or death penalty cases, an officer’s failure to inform you of your Miranda rights could help with your case. On some occasions, such a failure could be the foundation upon which your lawyer builds a successful defense.

Informing defendants about their Miranda rights is mandatory. However, there are three exceptions to this rule that all defendants should know. These exceptions are:

  1. Safety concerns: In a situation in which there is imminent danger to law enforcement or the public, officers may question a suspect without reading the Miranda rights. This may be a factor if you are a murder suspect or considered complicit in homicide and death penalty cases.
  2. During booking: The questions arresting officers ask while booking a suspect typically do not require reading of the Miranda rights. The rule goes into effect during a procedural interrogation.
  3. Informants and undercover agents: Federal agents working undercover usually do not have to read you your rights when attempting to extract information. The same goes for informants who will report what you say to law enforcement.

For many, it is tempting to cooperate with detectives and police officers, especially when you know you are innocent. However, in serious homicide and death penalty cases, it is vital to exercise your rights. This means not participating in a formal investigation without an attorney present. Giving up your rights could lead to a conviction and other lifelong consequences.