Possibly the most highly publicized process in criminal procedure is the reading of Miranda rights to an individual accused of a criminal act. Surely, if you have seen one of the many cop-dramas that currently are being aired on television, you have witnessed some form of a reenactment of the reading of Miranda rights.
Miranda rights held by the accused are the right to remain silent, the right to an attorney and to have an attorney present during questioning, as well as an advisement that any statements made going forward can be used against the accused in a court of law. For the accused to waive their Miranda rights, the law requires the waiver to made in a voluntary, knowing and in an intelligent manner. Determining whether a valid waiver has been made will depend on all the circumstances surrounding the waiver.
Among the considerations in finding a waiver to be valid are the mental capacity of the accused to understand the rights being waived, and whether the waiver was made freely and not caused by police coercion. It is well settled law that actions by police causing the accused to believe that the statements they make will be kept confidential, or won't be used against them, are considered police coercion, and will invalidate a waiver of Miranda rights.
If you have been charged with a criminal act and need aggressive and thorough Virgina criminal defense representation please contact Portner & Shure.
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