Non-English Speakers and the Miranda Warning
The Miranda warning is one of the most well-known set of rights in the criminal justice process. Anyone who has watched TV or movies has likely heard law enforcement inform someone getting arrested that they had the right to remain silent and the right to an attorney. However, many people in the United States may have difficulty comprehending the meaning of these warnings and rights as they do not proficiently speak or understand English.
People in police custody do have the option to waive their Miranda rights and speak with police and answer their questions without legal representation. However, in order for a waiver of your rights to be valid, you must fully understand the nature of your rights and the potential implications of a waiver. If you do not comprehend what you are saying, further questioning without an attorney present may constitute a violation of your civil rights under the 5th Amendment.
Answering police questions without an attorney present can have a significantly adverse effect on your case. Police officers may tell you they are on your side and only trying to help when, in reality, they are trying to gather as much evidence as possible to support a criminal charge against you. You may answer a question that you believe is completely harmless only to later learn that police interpreted or skewed your statements in an incriminating manner.
If our law firm is defending someone who spoke to the police and we suspect that they did not fully understand their Miranda rights due to a language barrier, we can work to prove that the waiver of their rights was invalid and that any statements they made to police should be suppressed. This often means that potentially incriminating statements or even confessions can be kept out of court. In many cases, these statements constitute a large part of the prosecutor’s evidence and suppressing them can result in dropped charges. It is important to consult with an attorney as soon as possible so we can identify whether your rights were violated.
Contact a New Jersey and New York Crimmigration Attorney Today
Ronald P. Mondello, Esq. Attorney at Law is a highly experienced criminal defense and immigration attorney who fully understands the unique issues faced by noncitizens and non-English speakers facing criminal charges. If you have been arrested or are facing criminal charges, please contact our office as soon as possible to find out how we can help you.
