When you are detained and interrogated regarding a crime, there are specific rules that the interrogators must follow. To disregard those rules creates an illegal interrogation and can result in your information being inadmissible.
Understanding Your Miranda Rights
If you are detained and questioned the interrogators must give you your Miranda Rights prior to questioning.
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.
A Miranda Warning is only necessary when a suspect is in custody and is about to be interrogated.
Your Rights at the Time of Arrest
In the United States, everyone has certain rights during an arrest. The rights are outlined by the Fourth, Fifth and Sixth Amendments. During and after an arrest you have the right to remain silent and the right to a lawyer.
Your Rights if Police Come to Your Home
If the police come to your home, answer the door, comply with the police and be polite. But, the police can only enter your home with a warrant, your permission, or in urgent situations. It might be best to step outside to speak to the police and close the door behind you. Under the Fourth Amendment, they must have a warrant to enter your home without your expressed permission.
Your Rights in a Traffic Stop
The police need probable cause to pull you over – in other words they require legal justification. This is the minimum threshold a police officer must have to be able to initiate a traffic stop. The illegal action must be specifically mentioned when they pull you over. If they pull you over without probable cause, any evidence of criminal activity cannot be used against you in court. You can refuse consent to a search if no warrant exists.
Are You Allowed to Film or Photograph Police?
Yes, you can photograph or film a police officer as long as you are in a public space, or on private property with the owner’s permission. Police cannot command you to stop such photographing or filming and they cannot access your film or photos without a warrant.
Police Interviews of Minors in Maryland
Police are prohibited from interrogating anyone under the age of 18 until the child has consulted with an attorney. They are also required to attempt to notify the child’s parent or guardian. Please note that juvenile witnesses and young people who are not in custody are not required to speak to an attorney before giving a statement to the police.
Our Experienced Attorneys Know Your Rights Regarding Illegal Interrogation in Maryland
What matters to you, matters to us. For over five decades, JGL attorneys have fought to improve the future of families, the arc of careers, the success of business, and your most basic human rights. The attorneys of JGL take your business, family, and personal issues as personally as you do. We relentlessly pursue the outcomes you desire. If you need guidance from a Maryland civil rights attorney, contact JGL.
