Who has Miranda Rights in the state of Iowa?
In the Hawkeye State, a defendant can’t face questioning from police in the context of a custodial interrogation until the police make the defendant aware of his or her Miranda Rights. These rights are as follows:
- You have the right to remain silent
- Any statement you make can and will be used against you in a court of law
- You have the right to counsel
- If you can’t afford an attorney, one will be appointed to represent you
If the authorities do not issue a Miranda warning, anything you say might be deemed inadmissible by a judge. There are some exceptions to that rule.
What are the exceptions to Miranda Rights in Iowa?
There are 4 scenarios in which you need not be apprised of your Miranda Rights. They are as follows:
- When questioning is necessary for public safety
- When asking standard booking questions
- When the police have a jailhouse informant talking to the person
- When making a routine traffic stop for a traffic violation
That said, law enforcement does not get to dictate when those conditions are satisfied. In fact, that is for a judge to decide. So regardless of what you allegedly said or when you allegedly said it, you should reach out to one of our skilled Des Moines lawyers to discuss your next steps.
How can a Des Moines criminal defense lawyer help you?
The court system of the United States is cumbrous and convoluted, even for those who immerse themselves in it on a daily basis. As such, you might not be fully apprised of your rights and responsibilities. Be that as it may, your ignorance is not in itself a crime and authorities are not permitted to exploit it. As alluded to above, failure on law enforcement’s part to issue a Miranda warning – either through incompetence, ill-intent or negligence – can severely damage their case, allowing the judge to suppress supposedly incriminating evidence. By weakening the prosecution’s case, your charges may be reduced or even dismissed. Sadly, you can’t always expect law enforcement to own up to their mistakes, which is why you should retain the services of our firm. Do not go it alone. Please give us a call today.
Contact Our Firm
Herting Law, PLLC, is an Iowa-based law firm that has experience in all criminal matters, including OWIs, drug charges, gun crimes, theft, assault, and more. If you need an estate planning lawyer, our firm can guide you. Whatever the situation, Herting Law, PLLC has you covered.