The law is in a constant state of flux. Not only do legislators at both the state and federal levels constantly create new laws or update existing ones, but the courts have to hear legal arguments that can change precedence and interpretation of the law. Those facing criminal charges often need assistance interpreting existing laws and precedent to develop a defense to their pending charges.
The Miranda Warning that officers provide before questioning an individual under arrest is necessary because of a Supreme Court ruling. For decades, officers have had to provide the Miranda Warning or risk undermining their chances of a successful prosecution.
A recent Supreme Court ruling on a Miranda Warning case has changed some of the rules that apply. Does the Miranda Warning still protect you while you are in state custody?
What the Supreme Court decided
Claims that the Supreme Court did away with Miranda Warning protections are overblown and inaccurate. Every individual taken into state custody should still hear about their right to an attorney and the right to remain silent prior to questioning.
What the Supreme Court determined was that those who have their Miranda rights violated cannot bring a civil lawsuit against the police officers or police department involved. Defendants will still be able to challenge the inclusion of certain evidence or statements in a case against them based on violations of their Miranda rights and can still invoke their Miranda rights while in police custody.
Keeping up to date about changes to your legal protection can help you navigate the criminal justice system more effectively.