The Constitution of the United States requires that while placing a suspect in police custody, the arresting officer must provide the suspect with Miranda warnings before anyone may interrogate the suspect. The Miranda warnings are a reminder to the individual under arrest that he has a right to remain silent and that the police or prosecuting attorney may use anything the suspect does or any statements made by the suspect against them later in court. In addition, the warnings clearly state that the suspect has the right to speak with a New Hampshire criminal attorney and have the attorney present during any police interrogation. In addition, Miranda warnings include the constitutional guarantee that if the suspect cannot afford an attorney, the court will appoint an attorney to assist him with his case at no cost to the suspect.

However, the arresting officer’s duty to give a suspect his Miranda rights is not invoked until the suspect is in custody. A suspect is in custody when a formal arrest or restraint on freedom of movement occurs. In addition, the discussion between an officer and the suspect must be an interrogation. An interrogation occurs when an officer makes a statement or other gesture to the suspect that is likely to cause the suspect to respond. The failure of an arresting officer to give a suspect Miranda warnings can have dire consequences on a case. For example, any statements the suspect makes prior to receiving Miranda warnings are inadmissible in court.

If you were not given Miranda warnings when you were placed in custody, contact New Hampshire criminal attorney Sven Wiberg for a free evaluation of your case. Sven D. Wiberg is an experienced criminal defense attorney practicing in both New Hampshire and Massachusetts with Wiberg Law Office (www.nhcriminaldefense.com).