Miranda Rights: What Happens To Your Case If Your Warnings Weren't Read To You? | скачать в хорошем качестве

Miranda Rights: What Happens To Your Case If Your Warnings Weren't Read To You? |

In this informative video, Washington State Attorney Jennifer Witt explains Miranda Rights, and what can happen in a criminal case if the warnings are not read to an arrested individual. WittLegal.com | (360) 792-1000 | Please LIKE and SUBSCRIBE Miranda Warnings are a critical part of the criminal justice system in the United States. If Miranda warnings were not read to you in Washington State during a custodial interrogation, the legal remedies focus primarily on excluding evidence obtained in violation of your rights. Here's what that entails: 1. Exclusion of Statements (Suppression of Evidence) Key Remedy: The primary remedy for a Miranda violation is the exclusion of any incriminating statements you made during custodial interrogation from being used against you in court. Motion to Suppress: Your attorney can file a motion to suppress these statements, arguing that they were obtained in violation of your constitutional rights. Result: If the court agrees, the statements cannot be used as evidence during your trial. 2. "Fruit of the Poisonous Tree" Doctrine Extended Exclusion: If evidence (e.g., physical evidence or other confessions) was discovered as a direct result of your unwarned statements, it might also be excluded as "fruit of the poisonous tree." Exception: If the evidence could have been discovered through independent means, it might still be admissible. 3. Limited Use of Statements Impeachment: Even if your statements are excluded from the prosecution’s case-in-chief, they may still be used to impeach your credibility if you testify inconsistently at trial. 4. Impact on the Case If the excluded statements were central to the prosecution’s case (e.g., a confession or critical admissions), their suppression could weaken the case significantly, potentially leading to (1) a dismissal of charges if there is insufficient evidence without the statements, or (2), a plea deal offering lesser charges or penalties. 5. No Automatic Case Dismissal Important Note: A failure to provide Miranda warnings does not automatically result in the dismissal of your case. Other evidence, such as physical evidence or witness testimony, may still be used to support the charges against you. Why Legal Representation is Important! Navigating the complexities of a Miranda violation requires skilled legal representation. An experienced defense attorney can: Analyze whether a Miranda violation occurred. Identify other procedural or constitutional violations. File appropriate motions to suppress evidence. Negotiate with the prosecution or build a defense for trial. By addressing Miranda violations effectively, your attorney can help ensure that your constitutional rights are protected and that improperly obtained evidence is excluded. Hopefully this has been helpful in determining if there has been a Miranda Rights violation, and how that could potentially change the trajectory of a criminal case! ---------------------------------------------------------------------------------------------------------------------- Nothing in this channel is intended as legal advice. Engagement with this channel does not create an attorney-client relationship. You should not act upon anything you hear on this channel without consulting with an attorney. Do not post private or privileged information in the comment section below the videos. ________________________________________________________________________ #miranda #mirandawarnings #mirandarights #suppression #law #lawyer #attorney #notguilty #criminal #criminalcase ________________________________________________________________________ Witt Law Group PS www.WittLegal.com (360) 792-1000