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Do Police Have to Read Your Miranda Rights in Indiana? 

One of the most common questions surrounding criminal procedure is whether police are required to read your Miranda rights in Indiana. The answer, however, is complicated and hinges on the specific circumstances surrounding the arrest and interrogation process. And, even then, it only impacts whether statements can be deemed admissible, or can be presented to a jury, at trial. 

Generally, Miranda rights must be read by law enforcement officials in situations involving custodial interrogation. So, in other words, if the police have taken you into custody and intend to question you, and intend to have your statements be admitted at trial, they must inform you of your Miranda rights beforehand. The premise here is to protect you from self-incrimination under the Fifth Amendment of the United States Constitution and ensure that you are aware of your right to legal counsel, under the Sixth Amendment of the United States Constitution.  

In non-custodial situations, however, such as voluntary interviews or exchanges with law enforcement, the police may not be required to inform you of your Miranda rights. On top of that, it’s important to understand that police do not have to read your Miranda rights in Indiana in order to arrest you. The validity of an arrest is based on probable cause, while Miranda rights pertain to the admissibility of statements made during police custody and/or interrogation.  

The key takeaway here is that, when taken into police custody, it is highly important to explicitly invoke your Miranda rights. Simply remaining silent is not enough; you should clearly state that you are exercising your right to remain silent and your right to an Indiana criminal defense attorney. This invocation must be respected by law enforcement, and questioning should cease until an attorney is present. It is important to note that, of the two rights, the right to an attorney is the most important and should be clearly and unequivocally invoked. 

If you have been arrested in Indiana and are concerned that your Miranda rights have been violated, contact the criminal defense lawyers at Keffer Hirschauer LLP today. Our firm, led by two former deputy prosecutors, Bradley Keffer and Tom Hirschauer III, who have extensive experience in the courtroom and know precisely how the criminal justice process should be carried out. They’ve handled countless cases involving the failure to Mirandize and are ready to come to be both your advocate and defender. To speak with a member of our team today call, 317-751-7186 or complete our online contact form to schedule a free case consultation.  

Looking for a Criminal Defense Attorney in Indiana? Call Keffer Hirschauer LLP Today.

FAQs: Your Miranda Rights in Indiana 

When discussing legal protections and procedures in the United States, the term “Miranda rights” frequently comes to the forefront, especially in the context of criminal proceedings. As in the rest of the country, Miranda rights in Indiana are a crucial element of the criminal justice process, safeguarding individuals’ Fifth and Sixth Amendment rights during police interrogations. Named after the landmark Supreme Court case Miranda v. Arizona (1966), the Miranda rights are read to suspects during arrest to ensure they are aware of their constitutional rights. These rights include the right to remain silent to avoid self-incrimination and the right to legal counsel. 

What are the Core Components of Miranda Rights? 

Miranda rights comprise several key components that are universally recognized across the United States, including Indiana. These components are: 

  • The Right to Remain Silent: Indicating that anything the suspect says can and will be used against them in a court of law. 
  • The Right to Consult with an Attorney: Highlighting that if the suspect cannot afford an attorney, one will be appointed to them. 

Law enforcement officers must provide warning of your Miranda rights in Indiana before questioning a suspect in custody. Failure to do so can result in the exclusion of any statements made by the suspect from being admitted as evidence in court. 

How are Miranda Warnings Typically Given? 

Miranda warnings do not have a uniform style in which they must be given. However, the typical warning is as follows: “You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.” 

Do Miranda Rights HAVE to be Given at the Time of the Arrest?  

No, if questioning does not occur, Miranda rights in Indiana do not need to be read at the time of arrest. However, the police intend to interrogate the suspect, and subsequently rely on the statements, the rights must be clearly communicated. Furthermore, individuals should be aware that invoking the right to remain silent or the right to an attorney should be done unequivocally. In Indiana, simply remaining silent without explicitly invoking these rights may not suffice to stop questioning, or may only result in the questioning stopping for a time and then recommencing. 

Can You Waive Your Miranda Rights? 

Yes, you can voluntarily waive your Miranda rights. However, many defense attorneys in Indiana would advise against doing so. Even if you’re innocent, your Miranda rights afford you great security against self-incrimination and misinterpretation. Furthermore, waiving your right to legal counsel means you’ll have to navigate the interrogation and investigation process all on your own, which is no easy feat when considering the great psychological and emotional stress placed upon criminal suspects. On top of that, waiving your right to attorney before an interrogation could significantly weaken your future defense attorney’s bargaining position when it comes to plea negotiations and sentencing.  

Can You Accidentally Waive You Miranda Rights? 

Sadly, it’s quite common for people to accidentally waive their Miranda rights in Indiana. This may occur when a criminal suspect fails to clearly and explicitly invoke their right to remain silent, and police continue to question them. In other situations, suspects may properly invoke their Miranda rights, but later make a voluntary statement or voluntarily answer a question by police. When this occurs, they have waived their right to remain silent, thus erasing their invocation to remain silent.  

Failure to Read Miranda Rights in Indiana 

When a person is taken into custody by police and read a Miranda warning, the prosecution may use anything that is said to the police against the accused in a criminal trial. However, when law enforcement provides an incorrect Miranda warning or fails to Mirandize a suspect altogether, they run the risk of invalidating the arrest or any of the evidence obtained from interrogation. In other words, they severely harm the prosecution’s case against the accused. 

In addition, if a person in custody requested but was denied counsel, anything they said in subsequent interrogations could be at-risk of being inadmissible in court. That said, the accused would have the burden of proving that the statements are inadmissible, thus meaning they’d need to prove that they explicitly (i.e. “I want to speak with an attorney.”) requested counsel and were denied counsel in a manner that conflicted with their sixth amendment rights.  

It is important to understand that evidence gained from a custodial interrogation despite a failure to properly Mirandize is NOT automatically inadmissible in court. In order to prevent the evidence from being used, the defendant must file a motion requesting that the court prohibit the evidence from being introduced against them. On top of that, there are some situations in which evidence obtained improperly may be used against the defendant. This includes for the purposes of impeachment (to attack the defendant’s credibility); during sentencing, if the defendant is found guilty; and for questioning that took place during a dangerous situation, such as law enforcement asking the defendant if they had a weapon.  

Right to Civil Remedy 

For many years, individuals were able to seek civil damages against police offers who failed to Mirandize, improperly Mirandized or didn’t properly respect their Miranda rights. However, following the Supreme Court’s ruling in Vega v. Tekoh (2022), police officers can no longer be held liable in a civil lawsuit for improperly administering or failing to administer Miranda rights to a detainee. This marked a major shift in the legal landscape and significantly impacts criminal defendants, as it removed a major disincentive for law enforcement who might otherwise refrain from providing Miranda warnings.  

Questions About Your Miranda Rights in Indiana? 

Miranda rights in Indiana are more than just a procedural step during arrest; they are a critical safeguard for the accused in the criminal justice system. Understanding these rights, their application, and their importance cannot be overstated for Indiana residents. Whether one is facing criminal charges or simply seeks to be informed about their legal protections, knowledge of Miranda rights is indispensable.  

Remember, once you’ve been taken into custody, you have the right to remain silent, the right to an attorney and the right to be advised of these rights; and if you’ve been arrested in Indiana, and are not sure who to call, don’t hesitate to contact our firm at 317-751-7186. One of our Indiana criminal defense attorneys can be made available to represent you during questioning.  

Furthermore, if you’re concerned that the police failed to or improperly provided you with your Miranda rights in Indiana, Keffer Hirschauer LLP is here to assist you. Simply fill out our online contact form to schedule a free case consultation. We’ll go over everything that has taken place, evaluate the situation and help you pursue a strong, effective defense strategy aimed at protecting your constitutional rights and securing the best possible outcome in the case against you.  

Do Police Have to Read Your Miranda Rights in Indiana?
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Do Police Have to Read Your Miranda Rights in Indiana?
This article addresses the common question "Do police have to read your Miranda Rights in Indiana?" as well as several other frequently asked questions on Miranda rights.
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Keffer Hirschauer LLP

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