You may never have anticipated having police take you into custody. After all, you have always done your best to be an upstanding citizen and to never purposefully break the law. However, circumstances in life can often put people in difficult predicaments, and you may have come under suspicion by Iowa police if they thought you were participating in questionable activity.
Maybe an officer stopped your vehicle for a broken taillight, and before you knew it, to your utter shock, the officer was placing you under arrest for drinking and driving. Perhaps you were out somewhere, another person started being unruly, and you had to defend yourself in a physical altercation. Unfortunately, police arrested you. No matter the scenario that led to your arrest, you still have rights.
Specifically, you have guaranteed protections under the law through your Miranda Rights. Sometimes, people refer to these rights as a Miranda warning because police are supposed to warn, or inform, you of these rights as they take you into custody. If they do not tell you your rights, you may have reason to use that detail as part of your criminal defense. Not telling you your rights could result in a judge deeming your arrest invalid or any evidence you provided as inadmissible in court.
To know whether an officer properly informed you, ask whether authorities told you this information:
Did the officer tell you that you have the right to remain silent?
Did authorities inform you that anything you said could be of use against you in court?
Did police explain that you have the right to an attorney?
Did law enforcement notify you that the court would provide you with an attorney if you could not afford one?
If officers did not ensure that you knew this information by informing you of your Miranda Rights before interrogating you, you may have unknowingly provided them with incriminating evidence that you otherwise could have kept to yourself. However, prosecutors may not have the ability to use that evidence if officers violated your rights.
If a violation did occur, it may not necessarily mean that the court will throw out your entire case, but it is a possibility. Before you base your entire defense on the judge dismissing your case due to a violation of your rights, you may want to explore your legal options. This may help you determine how best to build a defense in the event that your case does proceed.
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Kent Balduchi at Balduchi Law Office, PC in Des Moines, Iowa, often addresses questions from individuals dealing with domestic abuse issues and seeking restraining orders. Domestic violence can take many forms, from verbal threats to physical harm, and Iowa courts permit victims to file for restraining orders when they face immediate or ongoing danger.
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