Legal Question in Criminal Law in Maryland

Miranda
If Miranda was never read to an individual, how does this affect the outcome of a case? Does an individual sign anything indicating that Miranda was read to them? If not, is it difficult to prove that Miranda rights were never mentioned to the inidividual upon arrest nor prior to interrogation? Also, what if the individual was denied contacting their lawyer?

Asked on 7/09/00, 6:41 pm

Sloane Franklin The Law Offices of Sloane R. Franklin, LLC

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Re: Miranda

Miranda only applies to persons in custody and before interrogation.

It will not affect the outcome of a trial unless the police question the person.

However, this does not include identifying questions. So police departments

have a form that a person signs when they are read their rights. Others do not.

It is hard to say if someone can prove whether rights were provided. Testimony has to be

taken and a judge determines such. As for being denied the right of cancel, same thing.

If you have such a case, I would suggest that you contact an attorney.

Answered on 9/22/00, 3:46 pm

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