maryland lawyer

i'd like to take a moment to discuss mirandarights, specifically when they apply, and what the remedies are for any violations.the reason being is that during consultations with my clients,one of the most commonly asked or raised issues is the fact that mirandarights were not read. therefore, i'd like to address the two prong test thatapplies in determining when you are required to have your miranda rights read. the first prong of that test is looking atwhether or not you were in police custody at the time the statementswere made. custody is not necessarily defined by arrest. however, itis a restriction on your freedom

to leave. for example, being placed in handcuffs,being placed in the back of a police car, being held at a police station,looking at the number of officers that were surrounding you at thetime, and whether or not there were any weapons drawn and being pointed atyou at the time of the incident. if the court determines that you were in policecustody, the next thing we would need to look at is whether or not therewas an interrogation. an interrogation is when the police officer isasking you questions that directly relate to the crime for which you'rebeing held in custody. if the court does find you were in custody,and that you were being

interrogated at the time you were in custody,and you were not read your miranda rights prior to the interrogation,that would be a violation of your miranda rights. if the court does determinethat there was a violation of your miranda rights, that would be addressedat a motions hearing. at the motions hearing this is something thatis decided solely by the judge, and the judge would determine whetheror not these statements were, in fact, in violation of your miranda rights. if the judge determines that you were in policecustody prior to the interrogation taking place and that you werenot read your miranda rights

as required by law, the proper remedy wouldbe the exclusion of any of the statements that were obtained in violationof the miranda rule. that's why it's important to hire an aggressivemaryland criminal defense attorney to ensure that if your miranda rightswere violated, you will have all the protections when you go to court toproperly suppress those statements.